DATE: 20040709

DOCKET: C40237

COURT OF APPEAL FOR ONTARIO

RE:

PETER ROSCOE (Appellant) v. KENDRA ROSCOE (Respondent)

BEFORE:

McMURTRY C.J.O., BORINS AND FELDMAN JJ.A.

COUNSEL:

L. Levencrown

for the appellant

Jirina Bulger

for the respondent

HEARD & ENDORSED:

JULY 9, 2004

On appeal from the judgment of Justice M. Linhares de Sousa dated May 30, 2003.

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

[1] The appellant has demonstrated a most cavalier attitude to say the least to order of the Court over a lengthy period. In our view, there was no error of judicial discretion in the striking out of the appellant’s pleadings.

[2] We find no error in the conduct of the trial or in the result.

[3] The appeal is therefore dismissed with costs fixed in the amount of $10,000.00.