Court of Appeal for Ontario

Citation: Lacey v. Canada (National Defence), 2014 ONCA 315

Date: 2014-04-22

Docket: C57909

Before: Sharpe, Epstein and Pepall JJ.A.

Between:

Aaron William Lacey (aka AWF) Plaintiff (Appellant)

and

Her Majesty the Queen in the Right of Canada as represented by The Minister of National Defence Defendant (Respondent)

Counsel:

Aaron William Lacey, in person Joel Levine, for the respondent

Heard: April 17, 2014

On appeal from the judgment of Justice James Ramsay of the Superior Court of Justice, dated November 8, 2013.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied on the basis of this record and upon reading the reasons of the motion judge and the evidence he considered that there was a proper basis for him to conclude that the security for costs had not been paid into court as required by the order of Crane J. Accordingly, the action was properly dismissed and we dismiss this appeal.

[2] Costs to the respondent fixed at $10,000 inclusive of disbursements and taxes. We make that award in view of the repeated unfounded public allegations of improper conduct levelled against counsel for the respondent.

[3] We dispense with the need for the appellant to approve the form and content of this court’s formal order.