Case information
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40134
Iryna Antonyuk v. Mykhaylo Antonyuk
(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) |
|---|---|---|
| 2023-10-05 | Close file on Leave | |
| 2023-10-05 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2023-10-03 | Certificate of taxation issued to, Igor Yushchenko | |
| 2023-10-03 | Decision on the bill of costs, in the amount of $813.50, Reg | |
| 2023-10-03 | Submission of the bill of costs, Reg | |
| 2023-06-08 | Bill of costs, (Letter Form), Missing: Filing Fee (rec' 10/05/23), Completed on: 2023-10-05, (Printed version due on 2023-06-15) | Mykhaylo Antonyuk |
| 2023-06-07 | Response to the bill of costs, (Letter Form), Completed on: 2023-09-15, (Printed version due on 2023-06-14) | Iryna Antonyuk |
| 2023-05-24 | Correspondence (sent by the Court) to, the parties. Letter from the Registrar. (sent by email) | |
| 2023-04-03 | Correspondence received from, the applicant, RE: Decision on Motion for Reconsideration. (by email) | Iryna Antonyuk |
| 2023-03-14 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2023-02-08 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2023-01-06 | Correspondence (sent by the Court) to, the applicant. Letter from Registrar. | |
| 2023-01-03 | Motion for reconsideration of the application for leave to appeal, (Book Form), Amended motion filed on February 17, 2023., Completed on: 2023-02-08, (Printed version filed on 2023-01-06) | Iryna Antonyuk |
| 2022-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-15 | Judgment on leave sent to the parties | |
| 2022-12-15 |
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 M52933 (C69381), 2022 ONCA 145, dated February 14, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-11-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-20 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-07-15, (Printed version filed on 2022-06-24) | Iryna Antonyuk |
| 2022-06-20 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-07-07) | Mykhaylo Antonyuk |
| 2022-06-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-15, (Printed version filed on 2022-07-07) | Mykhaylo Antonyuk |
| 2022-05-19 | Letter advising parties of a complete application for leave to appeal, FILE OPENED - 2022-05-19 | |
| 2022-03-31 | Affidavit of service - e-filing, (Letter Form), (Printed version due on 2022-04-07) | Iryna Antonyuk |
| 2022-03-31 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-07) | Iryna Antonyuk |
| 2022-03-31 |
Application for leave to appeal, (Book Form), Required: CA Order dated October 25, 2021 - Rec'd 2022-05-31, Completed on: 2022-11-03, (Printed version due on 2022-04-07) |
Iryna Antonyuk |
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 |
|---|---|---|
| Antonyuk, Iryna | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Antonyuk, Mykhaylo | Respondent | Active |
Counsel
Party: Antonyuk, Iryna
This party is not represented by counsel.
Party: Antonyuk, Mykhaylo
Counsel
6860 Quinpool Road
Halifax, Nova Scotia
B3L 1C4
Telephone: (902) 454-1200
FAX: (902) 454-1201
Email: igor@iylaw.ca
Summary
Keywords
Family Law — Divorce — Recognition of foreign divorce — Applicant arguing that Ukrainian divorce was invalidly obtained or that no legal divorce judgment was made — Whether lower courts erred in recognizing validity of Ukrainian divorce — Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 22 — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, R. 59.06.
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.
In July 1983, the applicant, Ms. Iryna Antonyuk, and the respondent, Mr. Mykhaylo Antonyuk, were married in Kyiv; the couple have one child, born in 1986. In June 1998, the couple and their child moved to Canada. In July 1998, Mr. Antonyuk returned to Ukraine and commenced divorce proceedings there. A certificate of divorce was issued in Kyiv in October 1998. Ms. Antonyuk contested the Ukrainian divorce, challenging its validity and arguing that no legal divorce judgment was made. She then commenced an action, arguing that the Ukrainian divorce was invalid and that a Kyiv court did not have jurisdiction to hear a divorce proceeding or grant a divorce.
The trial judge held that Ms. Antonyuk did not meet her onus of proving that the certificate of divorce issued in October 1998 in Kyiv was improperly obtained and should not be recognized. The trial judge thus recognized the validity of the Ukrainian divorce, pursuant to s. 22 of the federal Divorce Act. The Court of Appeal unanimously dismissed Ms. Antonyuk’s appeal. Later, it also unanimously dismissed a post-appeal motion filed by Ms. Antonyuk, who sought to set aside the Court of Appeal’s first judgment and to recognize an earlier Canadian divorce order obtained under the Divorce Act (which had been granted in February 2019 but set aside in March 2019).
Lower court rulings
Ontario Superior Court of Justice
2020 ONSC 644, FS-17-416298
Ms. Antonyuk’s application dismissed; validity of Ukrainian divorce recognized
Court of Appeal for Ontario
2021 ONCA 748, C69381
Appeal dismissed; validity of Ukrainian divorce confirmed
Court of Appeal for Ontario
2022 ONCA 145, M52933 (C69381)
Post-judgment motion to set aside Court of Appeal 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 613‑996‑7933 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
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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 613‑996‑7933 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
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