Summary

40938

Ousseynou Gueye v. Anna DiNino

(Ontario) (Civil) (By Leave)

Keywords

Family law — Orders — Contempt of order — Appeals — Procedure — Jurisdiction — Whether the Court of Appeal erred in determining that the dismissal of the applicant’s motion for contempt is an interlocutory order — Whether the Court of Appeal erred in holding that it did not have jurisdiction to hear the applicant’s appeal — Whether the application for leave to appeal raises an issue of public importance.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant and the respondent had a child together in September 2009, and in July 2011 an order pertaining to child support and custody was issued. In June 2017, the applicant filed a motion for contempt against the respondent, alleging that she was in contempt of the July 2011 order. The Superior Court of Justice dismissed the applicant’s motion, and ordered the parties and the child to attend therapy and counselling. The Court of Appeal held that it did not have jurisdiction over the appeal from the dismissal of the motion for contempt as it was an interlocutory order, and that it also lacked jurisdiction to hear the appeal from the order to attend therapy and counselling. The appeal was transferred to the Divisional Court.

Lower Court Rulings

January 5, 2022
Ontario Superior Court of Justice

2021 ONSC 78, FC-09-33726-00
Applicant’s motion for contempt dismissed; parties ordered to attend therapy and counselling.
May 11, 2023
Court of Appeal for Ontario

2023 ONCA 342, C70320, M54087
Motion to quash appeal granted; appeal transferred to Divisional Court.