Summary

41013

C.V.F. v. W.A.C.

(Ontario) (Civil) (By Leave)

(Certain information not available to the public)

Keywords

Family law — Civil procedure — Appeal — Whether the trial court and Court of Appeal failed to provide disability accommodation under the Human Rights Code, R.S.O. 1990, c. H. 19 — Whether the courts below, in not honouring the applicant’s legal rights for accommodation, upheld the applicant’s rights under the Human Rights Code and the Canadian Charter of Rights and Freedoms — Whether the decisions of the courts below violated the Human Rights Code, Charter, Accessible Canada Act, S.C. 2019, c. 10, and Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 — Whether the trial court violated the child’s rights.

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.

(Certain information not available to the public)

The applicant mother and respondent father were involved in extensive litigation lasting over seven years concerning the respondent’s parenting time of their child and other issues. After multiple court proceedings and a trial, the Ontario Superior Court of Justice determined, in April of 2022, that the respondent father would have decision making authority for the child’s counselling. For extensive reasons, the court also provided a detailed schedule of parenting time for the respondent. The applicant appealed that decision and requested a new trial. Her appeal was not perfected in time and a notice of intention to dismiss for delay was sent by the Registrar.

The applicant moved for an order extending the time to perfect her appeal and for a stay of the decision of the Ontario Superior Court. In July 2022, one judge at the Court of Appeal, Coroza J.A., granted the extension to October 2022, but refused the stay.

A panel of three judges at the Ontario Court of Appeal dismissed the applicant’s motion for a review of the order of Coroza J.A. and for a further extension of time to perfect the appeal. The court saw no basis to interfere with the order refusing the stay and it was not prepared to grant any further extensions, holding that any further delay was unwarranted.

Lower Court Rulings

April 26, 2022
Ontario Superior Court of Justice

2022 ONSC 2539, FC-16-960
Order including: • that respondent have decision making authority for child’s counselling; • a detailed schedule of parenting time for respondent
July 25, 2022
Court of Appeal for Ontario

M53616 (C70714)
Motion to extend time to perfect appeal granted Motion to stay trial decision dismissed
September 14, 2023
Court of Appeal for Ontario

2023 ONCA 595, M53861 (C70714)
Motion for review of order of Coroza J.A. dismissed