DATE: 20061012

DOCKET: C45372

COURT OF APPEAL FOR ONTARIO

RE:

DEE WRITER (a.k.a. DEE PEROFF) (Applicant/Respondent) – and – ANGELO PEROFF (Respondent/Appellant)

BEFORE:

MACPHERSON, CRONK and GILLESE JJ.A.

COUNSEL:

Angelo Peroff, appellant

appearing in‑person

Cheryl Goldhart

for the respondent

HEARD & ENDORSED:

October 11, 2006

On appeal from the order of Justice Nancy L. Backhouse of the Superior Court of Justice dated April 13, 2006.

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

[1] The appellant appeals from the order of Backhouse J. dated April 13, 2006 pursuant to which his pleadings were struck for failure to comply with the disclosure orders of Mesbur J. on March 8, 2005 and Kiteley J. on July 26, 2005. The appellant appeals on a myriad of bases, including alleged errors of law, procedural fairness, bias and an inappropriate and excessive result.

[2] We disagree. Backhouse J.’s order and endorsement disclose no error. Her conclusion that the appellant had not complied with the disclosure orders is supported by the record. Her order striking the appellant’s pleadings was not harsh or excessive in the circumstances of this case.

[3] The appellant also appeals Backhouse J.’s costs order of June 1, 2006. We see no basis for interfering with this discretionary order.

[4] The appeal is dismissed with costs fixed at $12,000 inclusive of disbursements and GST, enforceable as support by the Family Responsibility Office.