Court of Appeal for Ontario

Citation: Grenier v. Grenier, 2012 ONCA 732 Date: 2012-10-29 Docket: C55117

Before: Rosenberg, Gillese and Tulloch JJ.A.

Between:

Michael Gerard Grenier Appellant

and

Lynne Mary Grenier Respondent

Counsel: Paul D. Slan, for the appellant Dani Z. Frodis, for the respondent

Heard: October 26, 2012

On appeal from the order of Justice Sherrill M. Rogers of the Superior Court of Justice, dated January 27, 2012.

APPEAL BOOK ENDORSEMENT

[1] The motions judge did not err in exercising her discretion to strike the appellant’s pleadings and order an uncontested trial. The appellant has failed to comply with disclosure orders since 2006. The motions judge considered whether some lesser remedy was appropriate. We can see no error in principle and the order was reasonable. The cases relied upon by the appellant concern custody and access and hence the best interests of the child and do not apply in this case.

[2] Accordingly, the appeal is dismissed with costs fixed at $7,500.00 inclusive of HST and disbursements.