Case information
Consult our database for details on a Supreme Court of Canada case.
33094
Althea Reyes v. Robert Valitchka
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-07-07 | Close file on Leave | |
| 2009-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-07-03 | Judgment on leave sent to the parties | |
| 2009-07-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M36531, dated January 21, 2009, is dismissed with costs. Dismissed, with costs |
|
| 2009-06-19 | Order on motion to extend time, (endorsement on motion) | |
| 2009-06-19 |
Decision on motion to extend time, to file the applicant's reply and to be served with the respondent's material by registered mail, Reg Dismissed |
|
| 2009-06-19 | Submission of motion to extend time, Reg | |
| 2009-06-08 | Response to motion to extend time, (Letter Form), from Pam MacEachern dated June 8/09, Completed on: 2009-06-08 | Robert Valitchka |
| 2009-06-04 | Motion to extend time, to file the applicant's reply and to be served with the respondent's material by registered mail, Completed on: 2009-06-04 | Althea Reyes |
| 2009-05-25 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-05-22 | Affidavit, of service re: respondent's rsponse was sent by regular mail to 135 Allan Street, Suite 608, Oakville, Ontario, L6H 3N4, care of Phyllis LaRocque on April 20/09 | Robert Valitchka |
| 2009-05-19 | Order on motion to substitutional service, (BY REGISTRAR) | |
| 2009-05-19 |
Decision on motion for substitutional service, Reg, UPON MOTION by the respondent, Robert Valitchka, for an order for substitutional service of his Response to the Application for Leave to Appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The Respondent is granted an extension of time to serve his response to the Applicant's application for leave to appeal by sending a copy by regular mail. Granted |
|
| 2009-05-19 | Submission of motion for substitutional service, Reg | |
| 2009-05-08 | Correspondence (sent by the Court) to, Ms. Reyes returning the letter of Apr. 6/09 returned to the registry by Canada Post and advising that the file is complete | |
| 2009-04-23 | Motion for substitutional service, of the respondent's response and this motion by email (bookform), Completed on: 2009-04-23 | Robert Valitchka |
| 2009-04-22 | Respondent's response on the application for leave to appeal, Service does not comply with Rules - motion rec'd April 23/09, Completed on: 2009-04-23 | Robert Valitchka |
| 2009-04-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2009-03-23 | Correspondence received from, Althea Reyes. Fee Waiver (Granted 22/04/2009) | Althea Reyes |
| 2009-03-23 | Application for leave to appeal, (complete as missing judgments and orders included in respondent's response), Completed on: 2009-04-22 | Althea Reyes |
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
| Name | Role | Status |
|---|---|---|
| Reyes, Althea | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Valitchka, Robert | Respondent | Active |
Counsel
Party: Reyes, Althea
This party is not represented by counsel.
Party: Valitchka, Robert
Counsel
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8276
FAX: (613) 788-3681
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.
Family law - Child support - Civil procedure - Costs - Extension of time - Whether a lump sum retroactive child support order can be offset against an order to pay costs - Whether the Court of Appeal erred in refusing an adjournment and dismissing the motion for an extension of time - Whether the Court of Appeal erred in dismissing the motion to set aside the order refusing an adjournment and extension of time.
Robert Valitchka sought his costs against Althea Reyes of a motion to sign an order based on minutes of settlement that dealt with the issue of child support with respect to the child of the union. An order was made for Ms. Reyes to pay Mr. Valitchka his costs in the amount of $27,000, which was to be set off against a lump sum of $25,000 that was payable by Mr. Valitchka to Ms. Reyes pursuant to the minutes of settlement in respect of outstanding child support. Ms. Reyes sought to appeal the order, but failed to meet the filing deadlines. An extension of time was granted, on terms, by the Ontario Court of Appeal, which terms Ms. Reyes also failed to meet. Thereafter, Ms. Reyes failed to appear on her own motion for a further extension of time, instead sending a friend to request an adjournment.
The Ontario Court of Appeal refused the adjournment and dismissed Ms. Reyes’ motion for an extension of time. Ms. Reyes subsequently brought a motion to set aside the order refusing the adjournment and dismissing the motion to extend time, which motion was also dismissed by the Court of Appeal, finding there was no basis for interfering with the previous order.
Lower court rulings
Court of Appeal for Ontario
M36123
Applicant's request for adjournment, refused; applicant's motion dismissed
Court of Appeal for Ontario
M36531
Applicant's motion to set aside order, dismissed.
Filed documents
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 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 613-996-8666 or at 1-844-365-9662.
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
Not available
Related links
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 613-996-8666 or at 1-844-365-9662.
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available