Case information
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41424
Maryanne Carmela Bogdan, et al. v. Douglas Leonard, et al.
(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) |
|---|---|---|
| 2025-07-16 | Close file on Leave | |
| 2025-07-16 | Correspondence (sent by the Court) to, All parties | |
| 2025-07-16 | Reconsideration not accepted for filing | |
| 2025-06-23 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-03-17 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2025-03-18 | Maryanne Carmela Bogdan |
| 2025-02-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-20 | Judgment on leave sent to the parties | |
| 2025-02-20 |
Judgment of the Court on the application for leave to appeal, Pursuant to rule 6(1) of the Rules of the Supreme Court of Canada, the time to serve and file the response and accompanying supplementary documents is extended to October 10, 2024. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-1307, 2024 ONCA 461, dated June 11, 2024, is dismissed. Dismissed |
|
| 2025-01-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-01 | Lower court order - e-filing, ONCA Orders, (Printed version filed on 2024-12-18) | Maryanne Carmela Bogdan |
| 2024-10-10 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A - Motion for an extension of time , Completed on: 2025-01-07 |
Douglas Leonard |
| 2024-10-09 | Supplemental document, 5 Volumes | Douglas Leonard |
| 2024-09-16 |
Correspondence received from, CA Order form Amended form rec'd 10-24-2024 Estimate: 11-11-2024 |
Maryanne Carmela Bogdan |
| 2024-09-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-09-03 | Certificate (on limitations to public access), (Included in the application for leave to appeal), 23A, (Printed version filed on 2024-09-10) | Maryanne Carmela Bogdan |
| 2024-09-03 | Application for leave to appeal, (Book Form), Completed on: 2024-11-01, (Printed version filed on 2024-09-10) | Maryanne Carmela Bogdan |
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 |
|---|---|---|
| Carmela Bogdan, Maryanne | Applicant | Active |
| DesJarlais, Clinton | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Leonard, Douglas | Respondent | Active |
| Leonard, Lori Ann | Respondent | Active |
Counsel
Party: Carmela Bogdan, Maryanne
This party is not represented by counsel.
Party: DesJarlais, Clinton
This party is not represented by counsel.
Party: Leonard, Douglas
This party is not represented by counsel.
Party: Leonard, Lori Ann
Counsel
Windsor, Ontario
N8Y 4T6
Telephone: (519) 258-0903
FAX: (519) 973-9905
Email: sam@mossmanlaw.com
Summary
Keywords
Family law – Custody – Jurisdiction – Civil procedure – Time – Motion for extension of time – Whether motion judge erred in finding lack of jurisdiction for Ontario courts to decide parenting issues – Whether Court of Appeal erred in dismissing motion for extension of time
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 respondents were married in 1991 and separated in 1995; issues in relation to their separation were adjudicated by Ontario courts and activity in that proceeding ended in 1998. The applicant, Ms. B, and the respondent, Mr. L, had a child, C, together in 2017. Ms. B and Mr. L separated in 2020 while living in Michigan, where Mr. L and C continue to reside. Ms. B now lives in Alaska. A Michigan court awarded Mr. L sole custody of C, and Ms. B’s appeal of that decision was dismissed in 2022.
Ms. B and her co-applicant Mr. D, with whom she now lives, filed motions in the respondents’ dormant family court proceeding seeking parenting orders in relation to C.
The motion judge held that he had no jurisdiction to decide the motions because C was neither habitually resident in Ontario nor present in Ontario at the time of the motion, and because the parties, including Mr. D, had attorned to the jurisdiction of the Michigan courts.
The applicants failed to perfect their appeal in time, and moved for an extension. The motion judge of the Court of Appeal held that the appeal was so obviously without merit that the justice of the case required denial of the extension. The applicants moved for a review before a full panel of the Court of Appeal, who found no reviewable error and dismissed the motion.
Lower court rulings
Motion to set aside order of single 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