CITATION: Martyn v. Martyn, 2010 ONCA 730

DATE: 20101103

DOCKET: C52125

COURT OF APPEAL FOR ONTARIO

Rosenberg, MacPherson and LaForme JJ.A.

BETWEEN:

Lori Martyn

Applicant (Respondent)

and

Robert Martyn

Respondent (Appellant)

Eric Freedman, for the appellant

Andreus R. Snelius, for the respondent

Heard and endorsed: November 1, 2010

On appeal from the Order of Justice Gisele M. Miller of the Superior Court of Justice dated April 22, 2010.

APPEAL BOOK ENDORSEMENT

[1] In our view, this matter falls within Dickie v. Dickie, 2007 SCC 8, [2007] 1 S.C.R. 346. The appellant has failed to comply with any of the provisions of Miller J.’s order and moreover now has stopped making child support payments.

[2] Accordingly, the appeal is stayed until the appellant complies with items 2, 3 and 4 of the order of Snowie J. dated Jun 29, 2009.

[3] The respondent is entitled to her costs for this hearing which we fix at $4,746 inclusive of applicable taxes.