Court of Appeal for Ontario

Date: 2018-10-01 Docket: C65273 Judges: Hourigan, Miller and Trotter JJ.A.

Between

John David Juneau-Tripp Appellant

and

Elizabeth Anne Rilkey Respondent

Counsel: John David Juneau-Tripp, acting in person Elizabeth Anne Rilkey, acting in person

Heard: October 1, 2018

On appeal from: The judgment of Justice J. Stewart of the Superior Court of Justice, dated March 20, 2018.

Appeal Book Endorsement

[1] The appellant is subject to an order made by Chiapetta J. in the Superior Court that he cannot commence or continue litigation without leave if he is in arrears of child support, access cancellation costs, or any costs award made by the court. Because he was in arrears, the appellant sought leave of the motion judge to bring a motion for the recalculation of s.7 expenses for his son for the years 2014 to 2017.

[2] The motion judge denied leave. She made an order that the appellant cannot bring any further proceedings until an outstanding costs award of $5,000 has been paid in full, he is in compliance with an order requiring him to maintain insurance with his son as beneficiary, and any child support arrears are reduced to less than $2,000. He appeals that order to this court.

[3] We decline to interfere with the motion judge's order. The order made was consistent with both the evidence before the court and the order of Chiapetta J. It was also reasonable, as it was made without prejudice to the ability of the appellant to bring a further motion for leave once the conditions were met. The appeal is dismissed.

[4] The appellant shall pay the respondent $150 for the costs of the appeal, all-inclusive.