Case information
Consult our database for details on a Supreme Court of Canada case.
38896
Robert Weidenfeld v. Sejal Parikh-Shah
(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) |
|---|---|---|
| 2020-07-08 | Close file on Leave | |
| 2020-02-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-02-21 | Judgment on leave sent to the parties | |
| 2020-02-20 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66096, 2019 ONCA 415, dated May 16, 2019, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2020-02-20 |
Decision on the motion for a stay of execution, See judgment on application. Dismissed |
|
| 2020-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-20 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2020-01-17 | Applicant's reply to respondent's argument, (Letter Form), Electronic copy only., Completed on: 2020-01-17 | Robert Weidenfeld |
| 2020-01-08 | Response to the motion for a stay of execution, Joint with 38897 - Filed with the response to the application., Completed on: 2020-01-08 | Sejal Parikh-Shah |
| 2020-01-08 | Certificate (on limitations to public access), (Letter Form) | Sejal Parikh-Shah |
| 2020-01-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-08 | Sejal Parikh-Shah |
| 2019-12-24 | Order on miscellaneous motion, by ROGER BILODEAU, Q.C. | |
| 2019-12-24 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicant for an order granting leave to serve and file all documents and materials related to the application for leave to appeal and, if leave is granted, the appeal in electronic format on a CD-ROM or by email, size permitting; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part. The applicant is granted permission to serve and file all documents and materials related to the application for leave to appeal in electronic format, as an attachment to an email, size permitting (less than 15 megabytes (MB)), or on a CD/DVD-ROM. It is not necessary to decide the request to serve and file all appeal documents in electronic format at this stage of the proceedings, and that request is accordingly deferred to be decided, if necessary, after the application for leave to appeal has been decided by the Court. Allowed in part |
|
| 2019-12-24 | Submission of miscellaneous motion, Reg | |
| 2019-12-13 | Motion for a stay of execution, (Letter Form), Completed on: 2019-12-13 | Robert Weidenfeld |
| 2019-11-27 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 11/27/19 | |
| 2019-08-08 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Robert Weidenfeld |
| 2019-08-08 |
Notice of miscellaneous motion, (Book Form), Motion to file electronically and to waive the filing fee. Missing: Affidavit in Support (rec' 11/25/19), Completed on: 2019-11-27 |
Robert Weidenfeld |
| 2019-08-08 |
Application for leave to appeal, (Book Form), Missing: TC Order, CA Order Amended Notice of application (rec' 11/22/19), Completed on: 2020-01-21 |
Robert Weidenfeld |
| 2019-07-09 | Correspondence (sent by the Court) to, Acknowledgment Receipt of Motion w/ checklist. | |
| 2019-06-17 | Certificate (on limitations to public access), (Letter Form) | Robert Weidenfeld |
| 2019-06-17 | Motion for a stay of execution, (Book Form), Missing: Proof of Service, Completed on: 2020-01-21 | Robert Weidenfeld |
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 |
|---|---|---|
| Weidenfeld, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sejal Parikh-Shah | Respondent | Active |
Counsel
Party: Weidenfeld, Robert
This party is not represented by counsel.
Party: Sejal Parikh-Shah
Counsel
Toronto, Ontario
M5G 1T6
Telephone: (416) 214-1165
FAX: (866) 281-3319
Email: acgerstl@hotmail.com
Agent
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Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Civil Procedure — Costs — Want of prosecution — Family law application initiated by ex husband of deceased for beneficial interest in deceased’s assets — Lengthy history of non compliance with costs orders of ex husband — Delay in excess of eight years by ex husband to move proceedings forward —Motion brought by executrix and trustee of deceased’s estate to dismiss family law proceedings — Family law application dismissed for failure to comply with court orders and for want of prosecution — Family Law Rules, O Reg 114/99, r. 1(8).
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.
The applicant, Mr. Weidenfeld, is the ex husband of the deceased respondent. In 2006, over a decade following the parties’ divorce and while his ex-wife was still alive, Mr. Weidenfeld initiated a family law application in which he claimed a beneficial interest in the deceased’s residence and naturopathic practice. A number of procedural steps were taken in connection with his application, all unsuccessfully. As a result, a number of costs and disclosure orders were awarded in favour of the deceased. Between 2008 and 2016, Mr. Weidenfeld’s application laid dormant. When Mr. Weidenfeld’s ex wife died in 2016, the estate trustee moved to dismiss his application under Rule 1(8) of the Family Law Rules, O Reg 114/99. This provision allows a court to dismiss a claim for non compliance with court orders, among others. At this juncture, Mr. Weidenfeld was given the opportunity to make partial payment of the costs orders to avoid dismissal of the proceedings, but failed to do so. The Superior Court granted the motion to dismiss Mr. Weidenfeld’s family law application for non-compliance with court orders and for want of prosecution. The Court of Appeal saw no error in the Superior Court’s exercise of discretion, and dismissed Mr. Weidenfeld’s appeal.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 5930, FC-06-23514-01
Motion for an order dismissing proceedings under Rule 1(8) of the Family Law Rules, O Reg 114/99, for failure to comply with disclosure and costs orders and for want of prosecution, granted
Court of Appeal for Ontario
2019 ONCA 415, C66096
Appeal 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
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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