COURT OF APPEAL FOR ONTARIO
RE:
STEPHEN SHAWN BRADLEY (Applicant (Appellant)) – and – KIMBERLY KAROL BRADLEY (Respondent)
BEFORE:
GOUDGE, LANG AND MACFARLAND JJ.A.
COUNSEL:
Mark E. Joseph
for the appellant
Nancy J. Iadeluca
for the respondent
HEARD & ENDORSED:
January 30, 2006
On appeal from the order of Justice G. Bourke Smith of the Superior Court of Justice dated August 9, 2005.
A P P E A L B O O K E N D O R S E M E N T
1In our view the appeal must be allowed. The motion sought an order based on non-disclosure. The order was made on the basis of non-payment of arrears, a basis not sought. The order cannot stand. If there remains a dispute about non-disclosure or inadequate disclosure, the respondent can bring a fresh motion. The appellant shall have costs in this court of $500 inclusive of disbursements and G.S.T. No costs of the motion at first instance.