DATE: 20040915

DOCKET: C41327

COURT OF APPEAL FOR ONTARIO

RE:

ELLEN (ELIN) BEAUMONT (Applicant/Respondent) –and – STEPHEN ROSS MELVIN BEAUMONT (Respondent/Appellant)

BEFORE:

MACPHERSON, JURIANSZ JJ.A. and SPEYER J. (ad hoc)

COUNSEL:

Enio Zeppieri and

Avril Hasselfield

for the appellant

Judith Holzman

for the respondent

HEARD & ENDORSED:

September 14, 2004

On appeal from the order of Justice Margaret A. C. Scott of the Superior Court of Justice dated March 25, 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 not complied with the order of Weiler J.A. that he post security for costs of $15,000 before the appeal hearing. We see no basis for not following this order, even after consideration of the appellant’s fresh evidence. We also note that there has been a long pattern of non‑payment of spousal and child support, with arrears now in excess of $27,000. All of this conduct, taken together, disentitles the appellant to proceed further with this appeal.

[2] The appeal is dismissed with costs fixed at $15,000, inclusive of disbursements and GST.