Court of Appeal for Ontario

Date: 2019-05-17 Docket: C66096

Judges: Feldman, Paciocco and Fairburn JJ.A.

Between

Robert Weidenfeld Appellant

and

Sejal Parikh-Shah Respondent

Counsel

Robert Weidenfeld, appearing in person

Allen C. Gerstl, for the respondent

Heard and released orally: May 16, 2019

On appeal from: the judgments of Justice Jarvis of the Superior Court of Justice, dated October 10 and November 20, 2018.

Reasons for Decision

[1] The appellant appeals the dismissal of his proceedings under r. 1(8) of the Family Law Rules. The appellant was given the opportunity by the order of Justice McGee to make a partial payment of $5,000 to avoid dismissal of the proceedings. He failed to do so. The motion judge considered not only that failure but also the appellant's history of failure to comply with court orders, including for disclosure, in 2006, and numerous costs orders. The motion judge also considered whether there were any exceptional circumstances warranting an exercise of discretion in the appellant's favour, but found none.

[2] We see no error in the motion judge's exercise of discretion in the making of the order he made.

[3] The appeal is dismissed, with costs to the respondent, fixed at $2,000, inclusive of disbursements and HST.

K. Feldman J.A.

David M. Paciocco J.A.

Fairburn J.A.