COURT OF APPEAL FOR ONTARIO
Rosenberg, MacPherson and LaForme JJ.A.
BETWEEN:
Lori Martyn
Applicant (Respondent)
and
Robert Martyn
Respondent (Appellant)
Eric Freedman, for the appellant
Andreus R. Snelius, for the respondent
Heard and endorsed: November 1, 2010
On appeal from the Order of Justice Gisele M. Miller of the Superior Court of Justice dated April 22, 2010.
APPEAL BOOK ENDORSEMENT
1In our view, this matter falls within Dickie v. Dickie, 2007 SCC 8, [2007] 1 S.C.R. 346. The appellant has failed to comply with any of the provisions of Miller J.’s order and moreover now has stopped making child support payments.
2Accordingly, the appeal is stayed until the appellant complies with items 2, 3 and 4 of the order of Snowie J. dated Jun 29, 2009.
3The respondent is entitled to her costs for this hearing which we fix at $4,746 inclusive of applicable taxes.