Court of Appeal for Ontario
DATE: 20220819 DOCKET: C70808
Pardu, Harvison Young and Favreau JJ.A.
BETWEEN
Patrick Beaudoin Appellant
and
Lilyane Beaulieu Respondent
Counsel: Patrick Beaudoin, acting in person Lilyane Beaulieu, acting in person
Heard: August 16, 2022 via video/audio conference
On appeal from the order of Justice Julianne A. Parfett of the Superior Court of Justice, dated June 24, 2021.
Reasons for Decision
[1] The appellant appeals from the order of a motion judge striking his pleadings as they related to financial matters. He was served with the motion material in the Superior Court on March 8, 2021 and was informed the motion was scheduled for June 24, 2021. Four days before the hearing the appellant served the respondent with an affidavit setting out his position. He did not appear on the motion to strike his pleadings.
[2] In his affidavit filed in the Superior Court, the appellant did not deny the respondent’s evidence that he had failed to pay spousal and child support, s. 7 expenses under Federal Child Support Guidelines, SOR/97-175, and had failed to comply with multiple orders requiring him to make financial disclosure. He has not included his responding affidavit in the appeal record but conceded in argument that he did not deny the allegations about his failure to obey many court orders.
[3] On appeal, the appellant focused on events occurring in the long history of the litigation which were irrelevant to the issue before the motion judge, or which had no bearing on the merits or procedural fairness of the motion. The appellant has not identified any error on the part of the motion judge.
[4] In view of the extent, seriousness and long-standing nature of the appellant’s breaches of court orders, it was entirely appropriate for the motion judge to strike his pleadings in relation to financial matters. Financial disclosure is an essential pillar of matrimonial proceedings: Colucci v. Colucci, 2021 SCC 24, [2021] S.C.J. No. 24, para. 4.
[5] The appeal is dismissed with costs to the respondent fixed at $6,000.00.
“G. Pardu J.A.”
“A. Harvison Young J.A.”
“L. Favreau J.A.”