COURT OF APPEAL FOR ONTARIO

CITATION: Beerman v. Beerman, 2008 ONCA 273

DATE: 20080414

DOCKET: C48138

BEFORE: MOLDAVER, CRONK and BLAIR JJ.A.

BETWEEN:

DAVID BEERMAN

Respondent (Appellant)

and

HEATHER BEERMAN a.k.a. HEATHER ZAPOTOCZNY

Applicant (Respondent)

COUNSEL:

John McDermot for the appellant

Ashley McInnis for the respondent

Heard and endorsed: April 9, 2008

On appeal from the order of Justice John McIsaac of the Superior Court of Justice dated November 22, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no basis on the record for interfering with the order of the motion judge. In any event, in oral argument, counsel for the appellant conceded that the issue of home-schooling is no longer a live issue. Rather, he advises that the only outstanding schooling issue is the choice between public and private schooling for the academic year commencing in September of 2008. That, we are told, is a matter that can and presumably will be raised in the normal course at the case conference scheduled for May 2008.

[2] We note that we have heard this appeal, with some reluctance, in view of the appellant’s admission that he was and is in breach of the motion judge’s order requiring that the children be sent to the Eastview Collegiate in Barrie. This is unacceptable. It is not open to a litigant to unilaterally disregard a court order.

[3] In the result, the appeal is dismissed.

[4] Costs to the respondent in the amount of $6,202.80 inclusive of G.S.T. and disbursements.