Case information
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41013
C.V.F. v. W.A.C.
(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) |
|---|---|---|
| 2024-04-03 | Close file on Leave | |
| 2024-03-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-28 | Judgment on leave sent to the parties | |
| 2024-03-28 |
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 M53861 (C70714), 2023 ONCA 595, dated September 14, 2023, is dismissed. Dismissed |
|
| 2024-02-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-11 | Correspondence (sent by the Court) to, Fee waiver request - Granted | |
| 2023-11-30 | Certificate (on limitations to public access), Public Access to Information Form | C.V.F. |
| 2023-11-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-11-22 | |
| 2023-11-14 |
Application for leave to appeal, (Book Form), RESTRICTED REQUIRED: - Amended cover page (style of cause) (rec'd 2023-11-30) - Amended Notice of Application - CA Order * CA formal order form rec'd 2023-11-30 - Public Access to Information Form (rec'd 2023-11-30), Completed on: 2024-02-22, (Printed version filed on 2024-02-08) |
C.V.F. |
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 |
|---|---|---|
| C.V.F. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| W.A.C. | Respondent | Active |
Counsel
Party: C.V.F.
This party is not represented by counsel.
Party: W.A.C.
This party is not represented by counsel.
Summary
Keywords
Family law — Civil procedure — Appeal — Whether the trial court and Court of Appeal failed to provide disability accommodation under the Human Rights Code, R.S.O. 1990, c. H. 19 — Whether the courts below, in not honouring the applicant’s legal rights for accommodation, upheld the applicant’s rights under the Human Rights Code and the Canadian Charter of Rights and Freedoms — Whether the decisions of the courts below violated the Human Rights Code, Charter, Accessible Canada Act, S.C. 2019, c. 10, and Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 — Whether the trial court violated the child’s rights.
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.
(Certain information not available to the public)
The applicant mother and respondent father were involved in extensive litigation lasting over seven years concerning the respondent’s parenting time of their child and other issues. After multiple court proceedings and a trial, the Ontario Superior Court of Justice determined, in April of 2022, that the respondent father would have decision making authority for the child’s counselling. For extensive reasons, the court also provided a detailed schedule of parenting time for the respondent. The applicant appealed that decision and requested a new trial. Her appeal was not perfected in time and a notice of intention to dismiss for delay was sent by the Registrar.
The applicant moved for an order extending the time to perfect her appeal and for a stay of the decision of the Ontario Superior Court. In July 2022, one judge at the Court of Appeal, Coroza J.A., granted the extension to October 2022, but refused the stay.
A panel of three judges at the Ontario Court of Appeal dismissed the applicant’s motion for a review of the order of Coroza J.A. and for a further extension of time to perfect the appeal. The court saw no basis to interfere with the order refusing the stay and it was not prepared to grant any further extensions, holding that any further delay was unwarranted.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 2539, FC-16-960
Order including:
• that respondent have decision making authority for child’s counselling;
• a detailed schedule of parenting time for respondent
Court of Appeal for Ontario
M53616 (C70714)
Motion to extend time to perfect appeal granted
Motion to stay trial decision dismissed
Court of Appeal for Ontario
2023 ONCA 595, M53861 (C70714)
Motion for review of order of Coroza J.A. dismissed
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.
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
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
Not available