Summary

Keywords

Civil procedure.

Summary

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Civil procedure — Motions — Respondents bringing motion for habeas corpus, alleging that applicant sequestering mother and preventing her from having contact with respondents and other third parties — Motions judge granting motion — Whether Court of Appeal erred in granting motion to dismiss appeal.

This application stems from a long-standing dispute amongst three brothers and relates to the treatment of their mother. The applicant and the two respondents both raised allegations of mistreatment and abuse of their mother at the hands of the other. The applicant resided with his mother. His brothers Thomas and Mark resided in the U.S. and claimed that any attempt by them to communicate with or visit their mother were thwarted by the applicant.

This dispute came to a head in and around Christmas time 2012 when Thomas Adamkiewicz unsuccessfully attempted to visit his mother. He subsequently brought a series of motions against the applicant in order to be allowed access to his mother. Amongst these was a motion for habeas corpus seeking to put an end to the applicant’s alleged interference and control over their mother.