Valois P. Ambrosino

The appellant appealed an order striking his pleadings and permitting the respondent to proceed with an uncontested trial, as well as a costs order of $63,032.92.

The motion judge struck the pleadings on an ex parte basis after the appellant repeatedly failed to comply with financial disclosure orders regarding bank accounts established in the children's names.

The Court of Appeal held that while striking pleadings ex parte when a party purports to comply is not endorsed, the motion judge committed no error given his familiarity with the case and the appellant's ongoing non-compliance.

The appeal was dismissed with costs of $15,000 awarded to the respondent.

The parties indicated confidence that the entire litigation, including the appeal, had settled.

The Court of Appeal adjourned the appeal and directed counsel to notify the court by March 31, 2007, whether the appeal was abandoned or should be rescheduled, noting a serious jurisdictional issue.

The appellants appealed an order dismissing their application for failure to post security for costs.

The Court of Appeal found no error in the lower court's decision, noting that because the required security was not provided, the lower court had no choice but to dismiss the application.

The appeal was dismissed with costs fixed at $5,000.