Docket
39123
Sylvia H.C.C. Richardson v. Mark Edward Richardson
(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) |
|---|---|---|
| 2021-11-18 | Appeal closed | |
| 2021-10-28 | Transcript received, 97 pages | |
| 2021-10-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-10-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-10-13 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Ontario, Number C66918, 2019 ONCA 983, dated December 13, 2019, was heard on October 13, 2021, and the Court on that day delivered the following judgment orally: KASIRER J. — The dispute regarding the custody of the parties’ two children involved in this appeal turns on a proper appreciation of their best interest. When leave to appeal was granted, among the matters in dispute was whether the parties’ 16-year-old daughter and their 10-year-old son should live principally with the appellant in Ottawa or with the respondent in Niagara. On October 6, 2021 — one week before this hearing —, the parties wrote a joint letter to the Registrar to advise the Court of what they described as “changes with respect to the children that affect the record in this matter”. These included a statement that the parties’ daughter has resided in Ottawa for over a year and that, given her age, the respondent does not intend to take further steps to enforce the trial judge’s order regarding that child. We note further that the parties have not filed a motion for new evidence before this Court regarding the current best interests of the children. In the unusual circumstances of this appeal, and given the state of the record which the parties acknowledge as incomplete, we are of the unanimous view that the appeal should be dismissed, without costs before this Court. The appropriate forum for identifying and resolving whatever ongoing dispute may subsist between the parties is the Superior Court where, should the legal requirements be met, a variation order relating to custody and access could be sought. Given the tenor of the parties’ joint letter and the state of the record, we are unable to provide meaningful guidance on the best interests of the children in the circumstances. In the result, the appeal is dismissed, without costs before this Court. Dismissed, without costs |
|
| 2021-10-13 | Hearing of the appeal, 2021-10-13, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-10-08 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-10-08) | Sylvia H.C.C. Richardson |
| 2021-10-08 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-10-08) | Mark Edward Richardson |
| 2021-10-07 | Respondent's book of authorities, (Book Form), Supplementary brief of authority, Completed on: 2021-10-07, (Printed version filed on 2021-10-07) | Mark Edward Richardson |
| 2021-10-06 | Correspondence received from, (Letter Form), Rule 92.1 Counsel representing the Appellant and Respondent are writing jointly pursuant to Rule 92.1 to advise the Court of changes with respect to children that affect the record in this matter., (Printed version due on 2021-10-14) |
Sylvia H.C.C. Richardson |
| 2021-09-15 | Notice of appearance, Shawn Duguay and Lauren Wilson will appear before the Court. Shawn Duguay will present oral argument. |
Sylvia H.C.C. Richardson |
| 2021-09-13 | Notice of appearance, Michael Zalev, Aaron Franks and Samantha Eisen will appear before the Court. Michael Zalev and Aaron Franks will present oral argument. |
Mark Edward Richardson |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 | Appeal hearing scheduled, 2021-10-13 Judgment rendered |
|
| 2021-06-14 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-06-14) | Mark Edward Richardson |
| 2021-06-14 | Respondent's record, (Book Form), Completed on: 2021-06-30, (Printed version filed on 2021-06-14) | Mark Edward Richardson |
| 2021-06-14 | Respondent's factum, (Book Form), Completed on: 2021-06-30, (Printed version filed on 2021-06-14) | Mark Edward Richardson |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-04-19 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-04-26) | Sylvia H.C.C. Richardson |
| 2021-04-19 | Appellant's record, (Book Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-19) | Sylvia H.C.C. Richardson |
| 2021-04-19 | Appellant's factum, (Book Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-19) | Sylvia H.C.C. Richardson |
| 2021-02-22 | Notice of appeal, Completed on: 2021-05-03, (Printed version due on 2021-03-01) | Sylvia H.C.C. Richardson |
| 2021-01-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-22 | Judgment on leave sent to the parties | |
| 2021-01-22 | Judgment on leave sent to the parties | |
| 2021-01-21 | Judgment of the Court on the application for leave to appeal, The motion for extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66918, 2019 ONCA 983, dated December 13, 2019, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2021-01-21 | Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2020-11-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-30 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-08-05 | Certificate (on limitations to public access), (Letter Form) | Mark Edward Richardson |
| 2020-08-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-08-05 | Mark Edward Richardson |
| 2020-04-28 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2020/04/28 | |
| 2020-04-07 | Certificate (on limitations to public access), (Letter Form) | Sylvia H.C.C. Richardson |
| 2020-04-07 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2020-04-07 | Sylvia H.C.C. Richardson |
| 2020-04-07 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2020/05/05, Completed on: 2020-05-05 | Sylvia H.C.C. Richardson |
- Date modified: