Case information
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40938
Ousseynou Gueye v. Anna DiNino
(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) |
|---|---|---|
| 2024-04-03 | Close file on Leave | |
| 2024-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-21 | Judgment on leave sent to the parties | |
| 2024-03-21 |
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, Numbers C70320 and M54087, 2023 ONCA 342, dated May 11, 2023, is dismissed. Dismissed |
|
| 2024-03-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-02-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-19 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-10-11 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-10-11 | |
| 2023-10-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-10-11, (Printed version due on 2023-10-12) | Ousseynou Gueye |
| 2023-10-04 | Certificate (on limitations to public access), (Letter Form), Public Access Form, (Printed version due on 2023-10-12) | Ousseynou Gueye |
| 2023-10-04 |
Application for leave to appeal, (Book Form), Required: - CA Order (Rec'd 2023-11-08 (Court Order Form rec'd 2023-10-25. Estimate as to when final order will be filed TBA) - Filing Fee (rec'd 2023-11-23), Completed on: 2023-11-24, (Printed version due on 2023-10-12) |
Ousseynou Gueye |
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 |
|---|---|---|
| Gueye, Ousseynou | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| DiNino, Anna | Respondent | Active |
Counsel
Party: Gueye, Ousseynou
This party is not represented by counsel.
Party: DiNino, Anna
Counsel
90 Allstate Parkway
Suite 502
Markham, Ontario
L3H 6H3
Telephone: (905) 477-2626 Ext: 101
Email: julie@laynefamilylaw.com
Summary
Keywords
Family law — Orders — Contempt of order — Appeals — Procedure — Jurisdiction — Whether the Court of Appeal erred in determining that the dismissal of the applicant’s motion for contempt is an interlocutory order — Whether the Court of Appeal erred in holding that it did not have jurisdiction to hear the applicant’s appeal — Whether the application for leave to appeal raises an issue of public importance.
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 and the respondent had a child together in September 2009, and in July 2011 an order pertaining to child support and custody was issued. In June 2017, the applicant filed a motion for contempt against the respondent, alleging that she was in contempt of the July 2011 order. The Superior Court of Justice dismissed the applicant’s motion, and ordered the parties and the child to attend therapy and counselling. The Court of Appeal held that it did not have jurisdiction over the appeal from the dismissal of the motion for contempt as it was an interlocutory order, and that it also lacked jurisdiction to hear the appeal from the order to attend therapy and counselling. The appeal was transferred to the Divisional Court.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 78, FC-09-33726-00
Applicant’s motion for contempt dismissed; parties ordered to attend therapy and counselling.
Court of Appeal for Ontario
2023 ONCA 342, C70320, M54087
Motion to quash appeal granted; appeal transferred to Divisional Court.
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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