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28670

Eric Juri Miglin v. Linda Susan Miglin

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2003-11-20 Appeal closed
2003-11-19 Record returned to the Registrar of the Court of Appeal
2003-10-17 Decision on the motion for a re-hearing of the appeal, CJ G Ia Ma Ba Bi Arb LeB De, The application for a re-hearing from the judgment of the Supreme Court of Canada dated April 17, 2003 is dismissed with costs.
Dismissed, with costs
2003-06-17 All material on motion for a re-hearing of the appeal submitted to Justices, CJ G Ia Ma Ba Bi Arb LeB De
2003-06-16 Reply to the response to the motion for a re-hearing of the appeal, (sent to the Court on 06/17/03) Eric Juri Miglin
2003-06-03 Response to the motion for a re-hearing of the appeal, (book form) (sent to the Court on 06/17/03), Completed on: 2003-06-03 Linda Susan Miglin
2003-05-20 Appellant's book of authorities, on rehearing (sent to the Court on 06/17/03), Completed on: 2003-05-20 Eric Juri Miglin
2003-05-20 Motion for a re-hearing of the appeal, (sent to the Court 06/17/03), Completed on: 2003-05-20 Eric Juri Miglin
2003-04-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-04-17 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C33432, dated April 26, 2001, heard on October 29, 2002 is allowed on the issue of spousal support, and in this respect, the decisions of the trial judge and of the Court of appeal are reversed, Lebel and Deschamps JJ. Dissenting. Given the result, no costs are awarded in this Court.
Allowed
2002-11-13 Transcript received, (66 pp.)
2002-10-29 Appellant's condensed book Eric Juri Miglin
2002-10-29 Acknowledgement and consent for video taping of proceedings
2002-10-29 General proceeding, document entitled: Contracting Spousal Support: Thinking Through Miglin by Martha Shaffer and Carol Rogerson (see tab 23 of Book of Authorities) (distributed to the Court on Oct. 30/02) Linda Susan Miglin
2002-10-29 Judgment reserved OR rendered with reasons to follow
2002-10-29 Hearing of the appeal, 2002-10-29, (V060), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2002-10-25 General proceeding, Errata in the Appellant's factum Eric Juri Miglin
2002-10-25 Supplemental document, Supplementary Book of Authorities Eric Juri Miglin
2002-10-24 General proceeding, (consent to file suppl. authorities)(fax copy) Eric Juri Miglin
2002-10-24 Respondent's book of authorities, (supplementary), Completed on: 2002-10-24 Linda Susan Miglin
2002-09-18 Notice of hearing Eric Juri Miglin
2002-09-09 Appeal hearing scheduled, 2002-10-29
Judgment reserved
2002-08-30 Respondent's book of authorities, Completed on: 2002-08-30 Linda Susan Miglin
2002-08-30 Respondent's record, Vol. I & II, Completed on: 2002-08-30 Linda Susan Miglin
2002-08-30 Respondent's factum, (See decisions of April 26 and Aug. 12/02 for factum, record and authorities), Completed on: 2002-08-30 Linda Susan Miglin
2002-08-29 Notice of appearance, (Letter Form), from E. Cole dated Aug 29, 2002 (fax copy) Linda Susan Miglin
2002-08-12 Order on motion to file a lengthy factum
2002-08-12 Decision on motion to file a lengthy factum, Reg, by the respondent of up to 50 pages in length.
Granted
2002-08-12 Submission of motion to file a lengthy factum, Reg
2002-08-01 Motion to file a lengthy factum, Completed on: 2002-08-01 Linda Susan Miglin
2002-07-29 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-05-16 Order on motion to file a lengthy factum
2002-05-16 Decision on motion to file a lengthy factum, Reg, of 44 pages on behalf of the appellant.
Granted
2002-05-16 Submission of motion to file a lengthy factum, Reg
2002-05-06 Motion to file a lengthy factum, (43 pages), Completed on: 2002-05-07 Eric Juri Miglin
2002-05-06 Appellant's book of authorities, (vol. 1 and 2)(see order), Completed on: 2002-05-06 Eric Juri Miglin
2002-05-06 Appellant's factum, (see order)(revised copies correcting typographical errors filed on May 14), Completed on: 2002-05-06 Eric Juri Miglin
2002-04-26 Order on motion to extend time
2002-04-26 Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to May 6, 2002 and the respondent's factum, record and book of authorities to September 2, 2002.
Granted
2002-04-26 Submission of motion to extend time, Reg
2002-04-19 Response to motion to extend time, (joint - 1 copy), Completed on: 2002-04-19 Eric Juri Miglin
2002-04-19 Motion to extend time, to serve and file the Appellant's Factum, Record and Authorities to May 6/02 and the Respondent's Factum and Authorities to Sept. 2/02 (1 copy), Completed on: 2002-04-19 Eric Juri Miglin
2002-04-16 Appellant's record, Vol. I to III (service admitted on factum)(see order), Completed on: 2002-05-07 Eric Juri Miglin
2002-03-01 Order on motion to extend time
2002-03-01 Decision on motion to extend time, DeRg, to serve and file the appellant's factum, record and book of authorities to April 22, 2002.
Granted
2002-03-01 Submission of motion to extend time, DeRg
2002-02-27 Appeal court record, 1 box
2002-02-25 Response to motion to extend time, Completed on: 2002-02-25 Linda Susan Miglin
2002-02-25 Motion to extend time, to file the factum, record and authorities to Apt. 22, 2002 - 1 copy, Completed on: 2002-02-25 Eric Juri Miglin
2001-11-02 Notice of deposit for security, no: 2600 Eric Juri Miglin
2001-11-02 Notice of appeal, (sec. dep. no. 2600), Completed on: 2001-11-05 Eric Juri Miglin
2001-11-02 Order granting leave to appeal
2001-10-09 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date
2001-10-05 Notice of deposit of judgment issued to all parties
2001-10-04 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-09-17 All materials on application for leave submitted to the Judges, CJ Ia Ba
2001-09-17 Order on motion to extend time
2001-09-17 Decision on motion to extend time, Reg, to serve and file the applicant's reply to Sept. 7, 2001., nunc pro tunc.
Granted, no order as to costs
2001-09-17 Submission of motion to extend time, Reg
2001-09-07 Applicant's reply to respondent's argument, Completed on: 2001-09-07 Eric Juri Miglin
2001-09-07 Response to motion to extend time, (Letter Form), from A. Franks dated Aug. 30/01, Completed on: 2001-09-07 Linda Susan Miglin
2001-09-07 Motion to extend time, to serve and file the reply to Sept. 7/01 (1 copy), Completed on: 2001-09-07 Eric Juri Miglin
2001-08-31 Correspondence received from, K. D. Jordan dated Aug. 31/01 (by fax) re: will file reply with extension of time Eric Juri Miglin
2001-08-27 Respondent's response on the application for leave to appeal, Vol. I & II (proof of delivery requested - rec'd Sept. 6/01), Completed on: 2001-09-06 Linda Susan Miglin
2001-07-17 Letter acknowledging receipt of a complete application for leave to appeal
2001-06-25 Application for leave to appeal, Completed on: 2001-06-25 Eric Juri Miglin

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Miglin, Eric Juri Appellant Active

v.

Main parties - Respondents
Name Role Status
Miglin, Linda Susan Respondent Active

Counsel

Party: Miglin, Eric Juri

Counsel
Nicole Tellier
Kelly D. Jordan
108 Harbord St., 2nd Fl.
Toronto, Ontario
M5S 1G6
Telephone: (416) 926-9669
FAX: (416) 926-9079
Email: ntellier@interlog.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Miglin, Linda Susan

Counsel
Philip M. Epstein, Q.C.
Aaron M. Franks
Ilana I. Zylberman
Epstein, Cole
401 Bay Street
Box 52 - 32nd Floor
Toronto, Ontario
M5H 2Y4
Telephone: (416) 862-9888
FAX: (416) 862-2142
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Summary

Keywords

None.

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.

None.

Lower court rulings

December 17, 1999
Ontario Superior Court of Justice

49031/98

See file

March 21, 2000
Ontario Superior Court of Justice

49031/98

Appellant ordered to pay monthly spousal support in the amount of $4,400 for a period of five years

April 26, 2001
Court of Appeal for Ontario

C33432

Appeal dismissed; cross-appeal allowed; order imposing five year term on spousal support set aside

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13