Case information
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41711
D'Arcy Mosher v. Angela Bossence
(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) |
|---|---|---|
| 2025-10-09 | Close file on Leave | |
| 2025-10-09 | Notice of withdrawal, (Letter Form), Completed on: 2025-10-08, (Printed version due on 2025-10-17) | Angela Bossence |
| 2025-06-20 | Close file on Leave | |
| 2025-06-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-19 | Judgment on leave sent to the parties | |
| 2025-06-19 |
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 COA-24-CV-0304, 2025 ONCA 46, dated January 23, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-05-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-04-22, (Printed version filed on 2025-04-22) | D'Arcy Mosher |
| 2025-04-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-14) | Angela Bossence |
| 2025-04-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-14, (Printed version filed on 2025-04-14) | Angela Bossence |
| 2025-03-19 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-03-18 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-03-25) | D'Arcy Mosher |
| 2025-03-18 | Application for leave to appeal, (Book Form), Completed on: 2025-03-18, (Printed version due on 2025-03-25) | D'Arcy Mosher |
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 |
|---|---|---|
| Mosher, D'Arcy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bossence, Angela | Respondent | Active |
Counsel
Party: Mosher, D'Arcy
Agent
340 Gilmour Street, Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 104
FAX: (613) 695-8580
Email: cgiordano@supremeadvocacy.ca
Party: Bossence, Angela
Counsel
Philip Moser
803-20 Erb Street West
Waterloo, Ontario
N2L 1T2
Telephone: (519) 579-3360
Email: bkelly@kellylaw.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Evidence – Affidavits – Admissibility – Omnibus documentation – Family law – Parental authority – Decision-making responsibility – Court order providing that mother to have sole decision-making responsibility for child in specified areas – Application of law of evidence where evidence includes extensive documentation in form of “omnibus documents” appended to affidavits – Standard of review to be applied by appellate courts undertaking review of decisions that do not clearly set boundaries between omnibus documents that may contain inadmissible hearsay and evidence that is properly admitted – Whether trial judges have obligation to clearly specify that they are not relying on the “narrative doctrine” and basing decisions on evidence which does not meet relevance and materiality requirements
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.
Following a Family Court trial, it was ordered that respondent Angela Bossence was to have sole decision-making responsibility for her child concerning: major, non-urgent healthcare decisions; major educational decisions; and significant extracurricular activities. The applicant father, D’Arcy Mosher, appealed. The Court of Appeal dismissed the father’s appeal.
Lower court rulings
Trial judgment
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 613‑996‑7933 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