DATE: 20030303

DOCKET: M29488 (C38636)

COURT OF APPEAL FOR ONTARIO

RE: LOUISE HELEN HOCKEY-SWEENEY (Petitioner (Wife)/Appellant) – and – LAWRENCE PERCIVAL SWEENEY (Respondent (Husband)/Respondent)

BEFORE: MORDEN, WEILER and CHARRON JJ.A.

COUNSEL: Deborah Zemans for the respondent

Louise Helen Hockey-Sweeney in person

HEARD: February 10, 2003 with subsequent filings

Motion to enforce the order of Moldaver J.A. dated November 29, 2002 and for a dismissal of the applicant’s appeal

E N D O R S E M E N T

[1] Assuming that the court has jurisdiction to dismiss the appeal on the basis of the breaches alleged, we do not think that the particular facts of this case justify the dismissal of the appeal.

[2] This appeal should be heard as soon as reasonably possible and the appellant agrees that it should be expedited.

[3] We order that the appeal be expedited. The appellant shall pay to the court reporter the further sum of $1,500 (the court reporter’s current estimate of the amount required to cover the completion of the transcript) and serve and file proof of this payment in the form of a receipt from the court reporter on or before March 3, 2003. If this condition is not met on or before March 3, 2003, the respondent may move before a

panel of this court to have the appeal dismissed.

[1] The court further orders that the appellant shall serve and file the complete transcript of the evidence required for the hearing of the appeal on or before May 2, 2003. In the event that the transcript is not completed on or before May 2, 2003, the appellant shall on or before May 9, 2003 serve and file a letter from the court reporter explaining the situation respecting the completion of the transcript. If this condition is not met, the respondent may move before a panel of this court to have the appeal dismissed.

[2] Leave is reserved to either party to move before a judge of this court for directions respecting the further conduct of this appeal. In the event of further breaches of orders of this court it would be open to the aggrieved party to move for an order invoking this court’s contempt power.

[3] We award to the respondent the costs of this motion on a partial indemnity basis fixed in the amount of $2,500 inclusive of disbursements and G.S.T., payable when the appeal has been determined.

“J.W. Morden J.A.”

“K.M. Weiler J.A.”

“Louise Charron J.A.”