Case information
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35861
Peter Misheal v. Mona Okel (also known as Molhima Okel)
(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) |
|---|---|---|
| 2014-08-08 | Close file on Leave | |
| 2014-08-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-08-08 | Judgment on leave sent to the parties | |
| 2014-08-07 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers M42706 (C46899) and M43110, dated December 30, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-08-07 |
Decision on motion to extend time Granted |
|
| 2014-07-07 | Correspondence (sent by the Court) to, Mona Okel re: supplemental affidavit | |
| 2014-06-30 | Affidavit, supplemental (submitted to the Court 2014-07-07) | Peter Misheal |
| 2014-06-30 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-06-30 | Submission of motion to extend time, LeB Ka Ga | |
| 2014-06-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-06-13 | Peter Misheal |
| 2014-06-03 | Supplemental document, Lower court judgments (proof of service missing) | Mona Okel (also known as Molhima Okel) |
| 2014-06-03 | Respondent's response on the application for leave to appeal, (Book Form), Motion for extension of time missing, Incomplete | Mona Okel (also known as Molhima Okel) |
| 2014-05-12 | Court of Appeal casebooks and transcripts of evidence, (Book Form), 3 volumes | |
| 2014-05-01 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2014-04-24 | Motion to extend time, (Book Form), to serve the application, Completed on: 2014-04-24 | Peter Misheal |
| 2014-04-02 | Correspondence (sent by the Court) to, Applicant re: checklist | |
| 2014-03-05 | Correspondence (sent by the Court) to, Applicant re: acknowledgment letter | |
| 2014-03-05 | Certificate (on limitations to public access) | Peter Misheal |
| 2014-02-28 | Application for leave to appeal, (Book Form), Draft CA order rec'd 2014-03-05, Completed on: 2014-05-01 | Peter Misheal |
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 |
|---|---|---|
| Misheal, Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Okel (also known as Molhima Okel), Mona | Respondent | Active |
Counsel
Party: Misheal, Peter
This party is not represented by counsel.
Party: Okel (also known as Molhima Okel), Mona
This party is not represented by counsel.
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.
Charter of Rights – Right to life, liberty and security of the person – Court ordering hearing on applicant’s motion – Whether there was any breach of s. 7 with respect to an individual’s right to due process? – Whether Court of Appeal able to dispense with these processes “in the interests of justice”? – Whether Court of Appeal, in disregarding the rights of one individual for the benefit of another, disregarded procedural fairness and set a precedent – What are limits on Court of Appeal in setting aside process for benefit of an individual? – Whether the judge’s evidential ruling was erroneous.
The parties were married in Israel in 1985 and were divorced in 2003. After a trial in 2007, Mr. Misheal was ordered to pay Ms. Okel an equalization payment and to pay child and spousal support. His appeal was stayed pending payment of arrears of support and was later dismissed in 2009. Mr. Misheal subsequently moved to Nova Scotia where he obtained two provisional orders that expunged some of the support arrears. These orders were sent to Ontario and a hearing was ordered. The Nova Scotia orders were confirmed by court order in Ontario, in Ms. Okel’s absence, prior to the hearing taking place. Mr. Misheal moved to re-open the appeal from the trial judgment on the basis of fresh evidence and Ms. Okel moved to set aside the order confirming the Nova Scotia orders.
Lower court rulings
Court of Appeal for Ontario
M42706 (C46899) and M43110
Respondent’s appeal of order granted; Hearing ordered on applicant’s motion
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