Docket
37250
Office of the Children's Lawyer v. John Paul Balev, et al.
(Ontario) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-04-25 | Appeal closed | |
| 2018-04-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-04-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-04-20 | Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C62066, 2016 ONCA 680, dated September 13, 2016, heard on November 9, 2017, is moot, thus it is not necessary to decide whether the application judge erred in ordering the children returned to Germany. The Court disposes of the appeal by adopting a hybrid approach to determining habitual residence under Article 3 of the Convention on the Civil Aspects of International Child Abduction, Can. T.S. 1983 No. 35, and a non-technical approach to considering the child’s objection under Article 13(2). There is no order as to costs. Moldaver, Côté and Rowe JJ., dissenting, would adopt the parental intention approach and would dismiss the appeal. Judgment accordingly, no order as to costs |
|
| 2018-04-06 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Chris Stankiewicz. |
John Paul Balev |
| 2018-04-06 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms.Gillian Bookman. |
John Paul Balev |
| 2018-04-06 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Steven Bookman. |
John Paul Balev |
| 2018-04-05 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Michael Taylor. | Attorney General of Canada |
| 2018-04-03 | General proceeding, Undertaking Form for a remote Lock-up for Ms. Rochelle Fox. | Attorney General of Ontario |
| 2018-04-03 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Caroline Brett. | Attorney General of Ontario |
| 2018-04-03 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. James Stengel. | Office of the Children's Lawyer |
| 2018-04-03 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms.Katherine Kavassalis. | Office of the Children's Lawyer |
| 2018-04-03 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Sheena Scott. | Office of the Children's Lawyer |
| 2018-04-03 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Caterina Tempesta. | Office of the Children's Lawyer |
| 2018-04-03 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Deepa Mattoo. | Barbra Schlifer Commemorative Clinic |
| 2018-03-29 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Patric Sension. | Catharine-Rose Baggott |
| 2018-03-29 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Tammy Law. | Catharine-Rose Baggott |
| 2018-03-28 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Farrah Hudani. | Defence for Children International - Canada |
| 2018-03-28 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Donnaree Nygard. | Attorney General of Canada |
| 2018-03-28 | General proceeding, (Letter Form), Undertaking Form for a Lock-up remotely for Ms Freya Zaltz. | Attorney General of British Columbia |
| 2018-03-28 | Correspondence (sent by the Court) to, all parties by e-mail and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up. |
|
| 2018-03-22 | Correspondence received from, (Letter Form), Steven M. Bookman, by email, re: Counsel for the Respodent father, will participate remotely in the counsel lock-up, if any. | John Paul Balev |
| 2018-03-20 | Correspondence received from, (Letter Form), Patric Senson, by email, re: Counsel for the Respodent mother, will participate remotely in the counsel lock-up, if any. |
Catharine-Rose Baggott |
| 2018-03-19 | Correspondence received from, Counsel for the Appellant, re: request that initials be used rather than names in the judgment. | Office of the Children's Lawyer |
| 2018-03-19 | Correspondence received from, (Letter Form), Caterina E. Tempesta, by email, re: Counsel for the appellant will participate remotely in the counsel lock-up, if any. | Office of the Children's Lawyer |
| 2018-03-19 | Correspondence received from, (Letter Form), Nadia Effendi by email, re: Counsel for AG Ontario will participate remotely in the counsel lock-up, if any. | Attorney General of Ontario |
| 2018-03-19 | Correspondence received from, (Letter Form), Donnaree Nygard by fax, re: Counsel for AG Canada will participate remotely in the counsel lock-up, if any. | Attorney General of Canada |
| 2018-03-16 | Correspondence received from, (Letter Form), Nadia Effendi by email, re: Counsel for AG BC will participate remotely in the counsel lock-up, if any. | Attorney General of British Columbia |
| 2018-03-16 | Media lock-up requested or proposed | |
| 2018-03-16 | Correspondence (sent by the Court) to, the appellant and respondents by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required. | |
| 2018-01-26 | Correspondence received from, (Letter Form), Yael Wexler (by email). Sophie Arseneault is agent for the respondent. | Catharine-Rose Baggott |
| 2017-11-24 | Transcript received, 139 pages | |
| 2017-11-10 | Correspondence received from, Intervener - Defence for Children International-Canada; RE: Counsel's name on file | Defence for Children International - Canada |
| 2017-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2017-11-09 | Hearing of the appeal, 2017-11-09, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-11-09 | Intervener's condensed book, (Book Form), Submitted in Court: 14 copies | Attorney General of Canada |
| 2017-11-09 | Respondent's condensed book, (Book Form), Submitted in Court: 14 copies | Catharine-Rose Baggott |
| 2017-11-09 | Respondent's condensed book, (Book Form) | John Paul Balev |
| 2017-11-09 | Appellant's condensed book, (Book Form), Submitted in Court: 14 copies | Office of the Children's Lawyer |
| 2017-11-08 | Correspondence received from, Respondent, Catherine-Rose Baggott, re: time for oral arguments - draft counsel sheet | Catharine-Rose Baggott |
| 2017-11-08 | Correspondence received from, (Letter Form), Appellant, re: time for oral arguments - draft counsel sheet | Office of the Children's Lawyer |
| 2017-11-06 | Notice of appearance, Rochelle Fox and Caroline Brett will be present | Attorney General of Ontario |
| 2017-11-03 | Order on motion to extend time, (by BROWN J.) | |
| 2017-11-03 | Decision on motion to extend time, Br, UPON APPLICATION by the appellant for an order extending the time to file its reply factum and any related book of authorities to November 2, 2017; AND THE MATERIAL FILED having been read; AND NOTING THAT the respondent, John Paul Balev, takes no position on the motion; AND NOTING THAT the respondent, Catherine-Rose Baggott, and the interveners consent to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2017-11-03 | Submission of motion to extend time, Br | |
| 2017-11-02 | Correspondence (sent by the Court) to, Counsel for AG B.C., re: contact and location information provided for the videoconference. | |
| 2017-11-02 | Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 | Attorney General of Ontario |
| 2017-11-02 | Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 | Barbra Schlifer Commemorative Clinic |
| 2017-11-02 | Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 | Attorney General of Canada |
| 2017-11-02 | Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 | Catharine-Rose Baggott |
| 2017-11-02 | Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 | Defence for Children International - Canada |
| 2017-11-02 | Response to motion to extend time, (Letter Form), Completed on: 2017-11-02 | John Paul Balev |
| 2017-11-02 | Motion to extend time, (Letter Form), To file the reply factum, Completed on: 2017-11-02 | Office of the Children's Lawyer |
| 2017-11-02 | Appellant's book of authorities, (Book Form), On Reply Factum, Completed on: 2017-11-02 | Office of the Children's Lawyer |
| 2017-11-02 | Reply factum on appeal, (Book Form), Completed on: 2017-11-02 | Office of the Children's Lawyer |
| 2017-11-01 | Correspondence received from, (Letter Form), Counsel for Mr. Balev, re: factum - 7 footnotes require amending. | John Paul Balev |
| 2017-10-31 | Correspondence received from, Nadia Effendi, Agent for Intervener AGBC, Amendment to Factum, Part VI (Table of Authorities) | Attorney General of British Columbia |
| 2017-10-26 | Notice of appearance, Freya Zaltz will be present by videoconference | Attorney General of British Columbia |
| 2017-10-25 | Notice of appearance, Patric Senson and Tammy Law |
Catharine-Rose Baggott |
| 2017-10-25 | Notice of appearance, Pursuant to Rule 71(4) please be advised that counsel appearing on behalf of the Intervener, Defence for Children International-Canada will be: • Jeffery Wilson, • Farrah Hudani, and • Jessica Braude |
Defence for Children International - Canada |
| 2017-10-25 | Notice of appearance, Deepa Matoo and Tiffany Lau will be present | Barbra Schlifer Commemorative Clinic |
| 2017-10-25 | Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 | Attorney General of Ontario |
| 2017-10-25 | Intervener's factum, (Book Form), Completed on: 2017-10-25 | Attorney General of Ontario |
| 2017-10-25 | Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 | Defence for Children International - Canada |
| 2017-10-25 | Intervener's factum, (Book Form), Completed on: 2017-10-25 | Defence for Children International - Canada |
| 2017-10-25 | Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 | Attorney General of Canada |
| 2017-10-25 | Intervener's factum, (Book Form), Completed on: 2017-10-25 | Attorney General of Canada |
| 2017-10-25 | Intervener's book of authorities, (Book Form), Completed on: 2017-10-25 | Attorney General of British Columbia |
| 2017-10-25 | Intervener's factum, (Book Form), Completed on: 2017-10-25 | Attorney General of British Columbia |
| 2017-10-25 | Correspondence (sent by the Court) to, AG British Columbia - The request to participate by video conference has been approved. | |
| 2017-10-24 | Notice of appearance, Caterina E. Tempesta, Sheena Scott, Katherine Kavassalis and James Stengel |
Office of the Children's Lawyer |
| 2017-10-24 | Intervener's factum, (Book Form), Completed on: 2017-10-24 | Barbra Schlifer Commemorative Clinic |
| 2017-10-19 | Notice of appearance, Michael Taylor and Donnaree Nygard will be present | Attorney General of Canada |
| 2017-10-18 | Notice of appearance, Steven M. Bookman, Chris Stankiewicz and Gillian Bookman will be present | John Paul Balev |
| 2017-10-17 | Correspondence received from, (Letter Form), Freya Zaltz (by email). Request to appear by way of videoconference. | Attorney General of British Columbia |
| 2017-10-16 | Correspondence received from, (Letter Form), Part VI of the factum required amendments | Office of the Children's Lawyer |
| 2017-09-29 | Appeal perfected for hearing | |
| 2017-09-26 | Order on motion for leave to intervene, (by BROWN J.) | |
| 2017-09-26 | Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of British Columbia, the Defence for Children International – Canada and the Barbra Schlifer Commemorative Clinic for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the five (5) said interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before October 25, 2017. The said five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant is permitted to serve and file a factum not exceeding ten (10) pages in reply to all interveners on or before November 1, 2017. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondents any additional disbursements resulting from their interventions. Granted |
|
| 2017-09-26 | Submission of motion for leave to intervene, Br | |
| 2017-09-25 | Certificate (on limitations to public access), (Letter Form) | John Paul Balev |
| 2017-09-25 | Respondent's book of authorities, (Book Form), Completed on: 2017-09-25 | John Paul Balev |
| 2017-09-25 | Respondent's record, (Book Form), Completed on: 2017-09-25 | John Paul Balev |
| 2017-09-25 | Respondent's factum, (Book Form), Completed on: 2017-09-25 | John Paul Balev |
| 2017-09-25 | Certificate (on limitations to public access), (Letter Form) | Catharine-Rose Baggott |
| 2017-09-25 | Certificate of counsel (attesting to record), (Letter Form) | Catharine-Rose Baggott |
| 2017-09-25 | Respondent's book of authorities, (Book Form), Completed on: 2017-09-25 | Catharine-Rose Baggott |
| 2017-09-25 | Respondent's record, (Book Form), Completed on: 2017-09-25 | Catharine-Rose Baggott |
| 2017-09-25 | Respondent's factum, (Book Form), Completed on: 2017-09-25 | Catharine-Rose Baggott |
| 2017-09-22 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-22 | Attorney General of Ontario |
| 2017-09-20 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-20 | Attorney General of British Columbia |
| 2017-09-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-18 | Office of the Children's Lawyer |
| 2017-09-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-18 | Catharine-Rose Baggott |
| 2017-09-15 | Notice of name, (Letter Form) | Barbra Schlifer Commemorative Clinic |
| 2017-09-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-14 | John Paul Balev |
| 2017-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2017-09-12, (Electronic version filed on 2017-09-12) | Attorney General of Canada |
| 2017-09-11 | Notice of name | Attorney General of British Columbia |
| 2017-09-11 | Motion for leave to intervene, (Letter Form), Completed on: 2017-09-11 | Attorney General of British Columbia |
| 2017-09-11 | Notice of name, (Letter Form) | Defence for Children International - Canada |
| 2017-09-11 | Motion for leave to intervene, (Book Form), Completed on: 2017-09-11, (Printed version filed on 2017-09-12) | Defence for Children International - Canada |
| 2017-09-11 | Motion for leave to intervene, (Book Form), Completed on: 2017-09-11, (Electronic version filed on 2017-09-11) | Attorney General of Ontario |
| 2017-09-08 | Motion for leave to intervene, (Book Form), Form 14 missing (received 2017-09-15)., Completed on: 2017-09-15, (Printed version filed on 2017-09-12) | Barbra Schlifer Commemorative Clinic |
| 2017-08-23 | Correspondence received from, (Letter Form), Yael Wexler (by email). Yael Wexler is agent for the respondent. | Catharine-Rose Baggott |
| 2017-08-21 | Appeal hearing scheduled, 2017-11-09 Judgment reserved |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-15 | Certificate of counsel (attesting to record), (Letter Form) | Office of the Children's Lawyer |
| 2017-08-15 | Appellant's book of authorities, (Book Form), Completed on: 2017-08-15 | Office of the Children's Lawyer |
| 2017-08-15 | Appellant's record, (Book Form), (7 volumes), Completed on: 2017-08-15 | Office of the Children's Lawyer |
| 2017-08-15 | Appellant's factum, (Book Form), Part VI of the factum amended 2017/10/16, Completed on: 2017-08-15 | Office of the Children's Lawyer |
| 2017-07-13 | Correspondence (sent by the Court) to, All parties, letter from the Registrar, re: the Appeal will proceed. | |
| 2017-05-29 | Correspondence received from, (Letter Form), Karen Collins (by email). The appellant is filing is notice of appeal to respect the timelines even if there has been no determination on the issue of mootness. , (Electronic version filed on 2017-05-29) | Office of the Children's Lawyer |
| 2017-05-29 | Notice of appeal, (Letter Form), Completed on: 2017-05-29, (Electronic version filed on 2017-05-29) | Office of the Children's Lawyer |
| 2017-05-15 | Supplemental document, (Book Form), as requested by the Court - submissions on mootness., Completed on: 2017-05-15 | John Paul Balev |
| 2017-05-15 | Supplemental document, (Letter Form), as requested by the Court - submissions on mootness., Completed on: 2017-05-15 | Catharine-Rose Baggott |
| 2017-05-15 | Supplemental document, (Letter Form), as requested by the Court - submissions on mootness., Completed on: 2017-05-15 | Office of the Children's Lawyer |
| 2017-05-15 | Correspondence received, from Deepa Mattoo, counsel for Barbra Schlifer Commemorative Clinic, by email, intention to file a motion for leave in intervene. | |
| 2017-05-12 | Correspondence received, Mr. Jeffery Wilson, counsel for Defense for Children International-Canada (DCI-Canada) - letter by fax - re: intends to apply to the Court for leave to intervene. Original copy filed on May 19, 2017. | |
| 2017-05-10 | Correspondence received from, Agent for the Appellant, re: Email letter informing the Court and the Respondents that they will redact materials which appears on the Court's website. | Office of the Children's Lawyer |
| 2017-05-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-05-03 | Judgment on leave sent to the parties | |
| 2017-05-01 | Correspondence (sent by the Court) to, all parties by email and regular mail, re: written submissions requested on whether the appeal is moot. | |
| 2017-04-28 | Correspondence received from, (Letter Form), Counsel for the Respondent, Mr. Balev, re: copy of decision from the Higher Regional Court (Frankfurt). | John Paul Balev |
| 2017-04-28 | Correspondence received from, (Letter Form), Patric Sension, Counsel for the Respondent, a copy of the German Court decision and a draft translation. | Catharine-Rose Baggott |
| 2017-04-28 | Notice of change of solicitor, (Letter Form), for the Respondent, Catherine-Rose Baggott. Mr. Patric Senson will be her counsel of record. | Catharine-Rose Baggott |
| 2017-04-27 | Correspondence received from, (Letter Form), Appellant, re: children are back in Canada. | Office of the Children's Lawyer |
| 2017-04-27 | Correspondence received, from Mr. Tim Mens, on behalf of Caroline Brett, counsel for the Central Authority fo rthe Province of Ontario,re: email dated Apr. 27, 2017 - may be seeking leave to intervene - timelines for filing documents requested. | |
| 2017-04-27 | Judgment of the Court on the application for leave to appeal, The motion to admit fresh evidence is granted. The motion to strike is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62066, 2016 ONCA 680, dated September 13, 2016, is granted with costs in the cause. The appeal is to be expedited and the Registrar will set the dates for filing the appeal documents. The parties are required to advise the Court in writing of any changes that affect the record, in particular with respect to the current circumstances of the children and the custody proceedings in the courts in Germany, in accordance with Rule 92.1 of the Rules of the Supreme Court of Canada. Granted, with costs in the cause |
|
| 2017-04-27 | Decision on motion to strike out, See judgment on application for leave to appeal. Dismissed |
|
| 2017-04-27 | Decision on motion to adduce new evidence, See judgment on application for leave to appeal. Granted |
|
| 2017-02-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-02-13 | Submission of motion to strike out, for consideration by the Court | |
| 2017-02-13 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2016-12-19 | Reply to motion to adduce new evidence, (Book Form), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) | Office of the Children's Lawyer |
| 2016-12-19 | Response to motion to strike out, (Book Form), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) | Office of the Children's Lawyer |
| 2016-12-19 | Applicant's reply to respondent's argument, (Book Form), Electronic redacted copy rec'd 2017/05/10, Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) | Office of the Children's Lawyer |
| 2016-12-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-09) | Catharine-Rose Baggott |
| 2016-12-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Catharine-Rose Baggott |
| 2016-12-08 | Motion to strike out, (Book Form), Payment missing (received 2016-12-12)., Completed on: 2016-12-13, (Electronic version filed on 2016-12-08) | John Paul Balev |
| 2016-12-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-08) | John Paul Balev |
| 2016-12-08 | Response to the motion to adduce new evidence, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-12-08, (Electronic version filed on 2016-12-08) | John Paul Balev |
| 2016-12-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-08) | John Paul Balev |
| 2016-12-05 | Correspondence received from, (Letter Form), Questionnaire regarding the expected date for filing the Cour of appeal order (expected on 2017-01-15). | Office of the Children's Lawyer |
| 2016-11-15 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2016-11-14 | Motion to adduce new evidence, (Book Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) | Office of the Children's Lawyer |
| 2016-11-14 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-14) | Office of the Children's Lawyer |
| 2016-11-14 | Application for leave to appeal, (Book Form), (3 volumes), (Court of appeal order filed on 2016-12-22) Electronic redacted copy rec'd 2017/05/10, Completed on: 2016-11-15, (Electronic version filed on 2016-11-14) | Office of the Children's Lawyer |
| 2016-10-17 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2016-10-14 | Order issued on motion for a stay of execution, (by MOLDAVER J.) | |
| 2016-10-14 | Decision on the motion for a stay of execution, Mo, UPON APPLICATION by the applicant for an order: a) that this motion be determined on an expedited basis; b) that the time for serving and filing of all materials on this motion be abridged; c) that the Order of the Ontario Court of Appeal dated September 13, 2016 be stayed pending the determination of this motion and, if dismissed, for a period of ten (10) days following the release of this Court’s decision on the motion; d) that the Order of the Ontario Court of Appeal dated September 13, 2016 be stayed pending the determination of the Applicant’s application for leave to appeal and, if leave to appeal is granted, pending determination of the appeal and for a period of ten (10) days following the release of this Court’s final decision; e) that the Order of the Ontario Court of Appeal dated September 13, 2016 be stayed for a period of ten (10) days following the release of this Court’s decision on the leave application if leave is not granted. AND HAVING CONSIDERED the material filed; IT IS HEREBY ORDERED THAT: Assuming, without deciding, that the Office of the Children’s Lawyer has standing to bring this application, I am not persuaded that the test for a stay has been met. In particular, I am not satisfied that irreparable harm will result if the motion is denied. Furthermore, having regard to the facts and circumstances and the lengthy and prolonged history of this matter, I am of the view that granting a further stay would cause even more disruption and uncertainty in the lives of the children. To that extent, the balance of convenience does not favour the stay; rather it favours the return of the children to their habitual residence in Germany. In reaching the conclusion, I am guided by this Court’s decision in Esmail v. Petro-Canada, [1997] 2 S.C.R. 3, in which Sopinka J. observed that “it will only be in special circumstances that successive applications to a judge of the Court appealed from and a judge of this Court should be permitted.” In this case, I note the refusal today by Justice Benotto of the Ontario Court of Appeal to issue a stay, even for a limited period of time. I am of the view that there are no special circumstances that would warrant a re-examination by me of that decision. I therefore dismiss this application for a stay. Dismissed |
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| 2016-10-14 | Submission of motion for a stay of execution, Mo | |
| 2016-10-14 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2016-10-14 | John Paul Balev |
| 2016-10-14 | Motion for a stay of execution, (Book Form), (3 volumes), Completed on: 2016-10-14, (Electronic version filed on 2016-10-14) | Office of the Children's Lawyer |
| 2016-10-14 | Certificate (on limitations to public access), (Letter Form) | Office of the Children's Lawyer |
| 2016-10-14 | Notice of application for leave to appeal, (Letter Form), Amended notice of application for leave to appeal filed with the complete application., Completed on: 2016-10-14 | Office of the Children's Lawyer |
- Date modified: