The respondent moved to quash the appellant's appeal to the Divisional Court on the basis that the appellant failed to comply with previous court orders requiring financial disclosure and payment of costs.
Applying the three-part test under Family Law Rule 14(23), the court declined to exercise its discretion in favour of the non-complying appellant given her history of non-compliance.
However, recognizing the importance of the core issue on appeal, the court ordered that the appeal would be quashed only if the appellant failed to pay the outstanding costs and provide the required disclosure by specified dates.
