DATE: 20030611

DOCKET: C37822

COURT OF APPEAL FOR ONTARIO

RE:

TAMMARA LYNN BOUCHER (Applicant/Respondent) – and – JAMES ROGER BOUCHER (Respondent/Appellant)

BEFORE:

WEILER, LASKIN and GOUDGE JJ.A.

COUNSEL:

Tilda M. Roll

for the appellant

Virginia L. Workman

for the respondent

HEARD & ENDORSED:

JUNE 9, 2003

On appeal from the order of Justice Joseph Quinn, of the Superior Court of Justice dated February 1, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The real underlying issue is whether the trial judge erred in the exercise of his discretion in striking the pleadings. We are of the opinion that he did not. There was a long history of delay and there was no material before him to support any other conclusion than the one he reached.

[2] In view of this, whether Quinn J. proceeded on February 1, 2002 or after the thirty day period for appealing is immaterial. He was entitled to proceed as he did.

[3] Costs to the respondent fixed in the amount of $3000 all inclusive on a partial indemnity basis.