COURT OF APPEAL FOR ONTARIO
RE:
ELLEN (ELIN) BEAUMONT (Applicant/Respondent) –and – STEPHEN ROSS MELVIN BEAUMONT (Respondent/Appellant)
BEFORE:
MACPHERSON, JURIANSZ JJ.A. and SPEYER J. (ad hoc)
COUNSEL:
Enio Zeppieri and
Avril Hasselfield
for the appellant
Judith Holzman
for the respondent
HEARD & ENDORSED:
September 14, 2004
On appeal from the order of Justice Margaret A. C. Scott of the Superior Court of Justice dated March 25, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The appellant has not complied with the order of Weiler J.A. that he post security for costs of $15,000 before the appeal hearing. We see no basis for not following this order, even after consideration of the appellant’s fresh evidence. We also note that there has been a long pattern of non‑payment of spousal and child support, with arrears now in excess of $27,000. All of this conduct, taken together, disentitles the appellant to proceed further with this appeal.
2The appeal is dismissed with costs fixed at $15,000, inclusive of disbursements and GST.