Court of Appeal for Ontario

Date: July 5, 2019 Docket: C66177

Judges: Feldman, MacPherson and Simmons JJ.A.

Between

Lauren Holly Applicant (Respondent)

and

Francis Greco Respondent (Appellant)

Counsel

Mathew Fordjour, for the appellant

James B. C. Edney, for the respondent

Hearing and Lower Court Decision

Heard: May 27, 2019

On appeal from the order of Justice Michael R. Gibson of the Superior Court of Justice, dated October 18, 2018, with reasons reported at 2018 ONSC 6219.

Addendum

[1] On June 5, 2019, we released our decision in which we dismissed the appellant's appeal from the motion judge's decision not to grant an adjournment and to strike out the appellant's Answer and Claim. The appellant was permitted a limited indulgence to some participation at trial, entirely at the trial judge's discretion, if and only if he continued to fully comply with his child support obligations.

[2] The parties agreed in oral submissions on May 27, 2019 that the successful party would be entitled to their appeal costs, fixed in the amount of $15,000 inclusive of HST and disbursements.

[3] The respondent, Lauren Holly, was successful on the appeal and so is entitled to her costs in that amount.

Released: July 5, 2019

K. Feldman J.A.

J.C. MacPherson J.A.

Janet Simmons J.A.