Case information
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38006
Dominic Vito Vetro v. Gabrielle Vetro
(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) |
|---|---|---|
| 2018-07-12 | Close file on Leave | |
| 2018-07-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-07-11 | Judgment on leave sent to the parties | |
| 2018-07-05 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed with costs to the respondent in the amount of $1,000.00. In any event, had such motion been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C56023 and C56580, 2013 ONCA 303, dated May 7, 2013, would have been dismissed with costs to the respondent, in the amount of $1,000.00. Dismissed, with costs |
|
| 2018-06-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-04 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-04-12 | Certificate (on limitations to public access), (Letter Form) | Gabrielle Vetro |
| 2018-04-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-04-12 | Gabrielle Vetro |
| 2018-03-16 | Letter advising parties of a complete application for leave to appeal, (FILE OPENED 2018-03-16) | |
| 2018-02-21 | Certificate (on limitations to public access), (Letter Form) | Dominic Vito Vetro |
| 2017-12-12 | Correspondence received from, (Letter Form), Dominic Vetro. Update regarding the missing material. | Dominic Vito Vetro |
| 2017-12-12 | Correspondence received from, (Letter Form), Dominic V. Vetro (by email). Follow up on the missing documents. | Dominic Vito Vetro |
| 2017-11-20 | Correspondence received from, (Letter Form), update on missing documents for the application. Filing Fee included. | Dominic Vito Vetro |
| 2017-10-12 | Correspondence received from, (Letter Form), letter in response to checklist | Dominic Vito Vetro |
| 2017-10-02 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2017-09-22 | Correspondence received from, (Letter Form), Gabrielle St-George. Letter to the applicant regarding the material filed. | Gabrielle Vetro |
| 2017-09-22 | Correspondence received from, the respondent via email; correcting the email address used by the applicant. | Gabrielle Vetro |
| 2017-09-22 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-09-21 | Correspondence received from, (Letter Form), Dominic Vetro. Cover letter for the application for leave to appeal. | Dominic Vito Vetro |
| 2017-09-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), AMENDED motion filed on 2018-02-21., Completed on: 2017-09-21 | Dominic Vito Vetro |
| 2017-09-20 | Application for leave to appeal, (Book Form), AMENDED application filed on 2018-02-21., Completed on: 2018-03-16 | Dominic Vito Vetro |
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 |
|---|---|---|
| Vetro, Dominic Vito | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Vetro, Gabrielle | Respondent | Active |
Counsel
Party: Vetro, Dominic Vito
This party is not represented by counsel.
Party: Vetro, Gabrielle
This party is not represented by counsel.
Summary
Keywords
Family law – Support – Spousal support – Civil procedure – Pleadings – Applicant’s pleadings struck prior to trial for failure to comply with support and financial disclosure orders – Whether procedural fairness compromised and critical evidence overlooked – Whether actual income and voluntary support payments were fully taken into account – Whether issues properly understood
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.
Following the parties’ separation in November of 2008 after a 25 year marriage, the applicant failed to comply with interim orders requiring him to pay child support and to make full financial disclosure. He was frequently in arrears and there were numerous applications culminating in an order striking his pleadings prior to the hearing of the divorce action. An uncontested trial took place. The issues included spousal support and arrears, child support and arrears, arrears of s. 7 expenses and equalization of net family properties. The trial judge imputed income to the father and made orders for ongoing support and arrears of support. She also made an order vesting the father’s one-half interest in the matrimonial home in favour of the mother in partial satisfaction of his arrears and lump sum spousal support obligations. The father appealed the order striking his pleadings and the orders made by the trial judge. The Court of Appeal dismissed his appeal.
Lower court rulings
Ontario Superior Court of Justice
201/09, 2012 ONSC 4840
Order striking applicant’s pleadings for failure to comply with prior interim support and financial disclosure orders
Ontario Superior Court of Justice
201/19, 2012 ONSC 6734
Order imputing income to applicant for support purposes; Matrimonial home ordered vested in respondent in partial satisfaction of applicant’s arrears and lump sum support obligations
Court of Appeal for Ontario
2013 ONCA 303, C56023, C56580
Applicant’s appeals from orders of motions judge and trial judge 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 613‑996‑7933 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