Case information
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37567
Lubov Volnyansky v. Yuri Volnyansky
(Ontario) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-11-22 | Close file on Leave | |
| 2017-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-09-29 | Judgment on leave sent to the parties | |
| 2017-09-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M46441, dated September 2, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-09-28 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2017-08-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-08-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-06-22 | Certificate (on limitations to public access) | Yuri Volnyansky |
| 2017-06-22 | Respondent's response on the application for leave to appeal, (Book Form), Memorandum of argument also filed in a separate book, Completed on: 2017-06-22 | Yuri Volnyansky |
| 2017-05-23 | Letter advising parties of a complete application for leave to appeal, File opened on 2017-05-23 | |
| 2017-05-15 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-05-11 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2017-05-11 | Lubov Volnyansky |
| 2017-05-11 | Correspondence received from, Fee waiver request | Lubov Volnyansky |
| 2017-05-11 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Lubov Volnyansky |
| 2017-05-11 | Application for leave to appeal, (Book Form), Fee waiver granted by the Registrar on 2017-05-23, Completed on: 2017-05-11 | Lubov Volnyansky |
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 |
|---|---|---|
| Volnyansky, Lubov | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Volnyansky, Yuri | Respondent | Active |
Counsel
Party: Volnyansky, Lubov
This party is not represented by counsel.
Party: Volnyansky, Yuri
Counsel
Suite 202
Mississauga, Ontario
L4W 2P5
Telephone: (905) 232-4448
FAX: (905) 232-4449
Email: galyna@pribytkova.ca
Summary
Keywords
Family law – Spousal support – Civil procedure – Application for leave to appeal – Whether Divisional Court erred in accepting trial judge’s findings of fact and failing to allow appeal to vary or set aside support order – Whether Court of Appeal below erred in denying leave to appeal.
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.
(COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
The application stems from a motion brought in 2013 by Lobov Volnyansky, requesting the variation of an order for spousal support made in 2008 after the parties separated. The motion was dismissed on the basis that no material change in circumstances had been established. Ms. Volnyansky appealed to the Ontario Superior Court of Justice, Family Court. The Family Court appeal judge dismissed Ms. Volnyansky’s appeal, refusing her request to set aside the original order and to make additional spousal and child support orders, finding the 2008 order was based on an agreement between the parties reached at the opening of the trial and, in any event, there was no evidence of any material change in circumstances that would justify a variation. Ms. Volnyansky appealed to the Divisional Court.
The Ontario Superior Court of Justice, Divisional Court, dismissed the appeal, finding the Family Court appeal judge made no errors, correctly concluding there was no evidence before the court to support a variation of the support orders. The Ontario Court of Appeal dismissed Ms. Volnyansky’s application for leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
DC-15-16-00, 2016 ONSC 1990
See file
Court of Appeal for Ontario
M46441
See file
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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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