DATE: 20060201

DOCKET: C44028

COURT OF APPEAL FOR ONTARIO

RE:

STEPHEN SHAWN BRADLEY (Applicant (Appellant)) – and – KIMBERLY KAROL BRADLEY (Respondent)

BEFORE:

GOUDGE, LANG AND MACFARLAND JJ.A.

COUNSEL:

Mark E. Joseph

for the appellant

Nancy J. Iadeluca

for the respondent

HEARD & ENDORSED:

January 30, 2006

On appeal from the order of Justice G. Bourke Smith of the Superior Court of Justice dated August 9, 2005.

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

[1] In our view the appeal must be allowed. The motion sought an order based on non-disclosure. The order was made on the basis of non-payment of arrears, a basis not sought. The order cannot stand. If there remains a dispute about non-disclosure or inadequate disclosure, the respondent can bring a fresh motion. The appellant shall have costs in this court of $500 inclusive of disbursements and G.S.T. No costs of the motion at first instance.