Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41849
Mark Crowley, et al. v. Fadwa Yehia, et al.
(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) |
|---|---|---|
| 2026-04-21 | Certificate of taxation issued to, Michael Zalev | |
| 2026-04-21 | Decision on the bill of costs, in the amount of: $1,253.49, in the amount of $1,253.49, Reg | |
| 2026-04-21 | Submission of the bill of costs, Reg | |
| 2026-04-02 | Bill of costs, (Letter Form), Missing: proof of service rec'd on 2026-04-07, Completed on: 2026-04-10, (Printed version filed on 2026-04-02) | Fadwa Yehia |
| 2026-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-03-19 | Judgment on leave sent to the parties | |
| 2026-03-19 |
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 M55810 (COA-23-CV-0630), dated April 10, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-02-05 | Lower court order - e-filing, (Letter Form), TC Judgement and Orders | Mark Crowley |
| 2026-01-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-08-08 |
Certificate (on limitations to public access), (Letter Form), Form 23A Amended version received on 2025-08-14, (Printed version due on 2025-08-15) |
Lesley Anne Mathers |
| 2025-08-08 |
Correspondence received from, (Letter Form), They're relying on the response of the other respondents. Amended version received on 2025-08-14, (Printed version due on 2025-08-15) |
Lesley Anne Mathers |
| 2025-07-25 | Notice of name, (Letter Form), (Printed version due on 2025-08-01) | Fadwa Yehia |
| 2025-07-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-08-01) | Fadwa Yehia |
| 2025-07-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-07-25, (Printed version filed on 2025-07-28) | Fadwa Yehia |
| 2025-06-30 | Supplemental document, (Letter Form), Self-Rep Questionnaire | Mark Crowley |
| 2025-06-10 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-06-09 | Certificate (on limitations to public access), (Letter Form), 23B | Mark Crowley |
| 2025-06-09 | Certificate (on limitations to public access), (Letter Form), 23A | Mark Crowley |
| 2025-06-09 |
Application for leave to appeal, (Book Form), Missing Amended Cover Page- Removing parties (Rec'd 2025-06-30) Amended 23A or Public Access to Information Form (Rec'd 2025-06-30) TC Judgment and Orders- (Rec'd 2026-02-05) -Proof of Service , Completed on: 2026-01-27 |
Mark Crowley |
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 |
|---|---|---|
| Crowley, Mark | Applicant | Active |
| Trust/Partnership of Crowley/Mathers | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Yehia, Fadwa | Respondent | Active |
| Jamal Law Professional Corporation | Respondent | Active |
| Mathers, Lesley Anne | Respondent | Active |
Counsel
Party: Crowley, Mark
This party is not represented by counsel.
Party: Trust/Partnership of Crowley/Mathers
This party is not represented by counsel.
Party: Yehia, Fadwa
Counsel
393 University Avenue
Suite 2200
Toronto, Ontario
M5G 1E6
Telephone: (416) 862-9888
FAX: (416) 862-2142
Email: mzalev@epsteincole.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Jamal Law Professional Corporation
Counsel
393 University Avenue
Suite 2200
Toronto, Ontario
M5G 1E6
Telephone: (416) 862-9888
FAX: (416) 862-2142
Email: mzalev@epsteincole.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Mathers, Lesley Anne
Counsel
Barristers and Solicitors
233 Speers Road, Suite 16
Oakville, Ontario
L6K 0J5
Telephone: (905) 901-3685 Ext: 208
Email: dmurray@rogersco.ca
Summary
Keywords
Civil procedure — Dismissal — Husband and wife separating — Wife’s lawyer preparing draft separation agreement but husband and wife not signing agreement — Wife retaining new lawyer and initiating divorce proceeding — Husband suing wife’s new lawyer for initiating proceeding despite existence of purported separation agreement — Whether husband and wife entered into valid separation agreement — Whether Court of Appeal erred in summarily dismissing husband’s motion for extension of time to perfect appeal — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 2.1, 20, 21.
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.
Mr. Crowley and Ms. Mathers separated in 2015 and subsequently divorced. Ms. Mathers’ original lawyer drafted a separation agreement in 2017, but the parties did not sign it. Following the sudden death of her original lawyer, Ms. Mathers retained a new lawyer, Ms. Yehia, and initiated a proceeding against Mr. Crowley in the Ontario Superior Court of Justice. The judge who presided over the divorce proceeding rejected Mr. Crowley’s argument that a binding separation agreement existed. Mr. Crowley appealed, and his appeal was ultimately dismissed for delay.
In 2021, Mr. Crowley commenced a civil action against Ms. Yehia, Ms. Yehia’s firm and Ms. Mathers. He alleged that Ms. Yehia and her firm disregarded the separation agreement and counselled Ms. Mathers to initiate an unnecessary divorce proceeding. A judge of the Ontario Superior Court of Justice struck Mr. Crowley’s statement of claim on the ground that it constituted an abuse of process and dismissed the action on the ground that there was no genuine issue requiring a trial. Mr. Crowley appealed this order to the Ontario Court of Appeal and obtained an extension order to allow him to perfect his appeal. He failed to perfect his appeal before the extended deadline, and his appeal was consequently dismissed. Approximately 14 months after this deadline, Mr. Crowley sought a further extension to allow him to perfect his appeal. The Court of Appeal dismissed Mr. Crowley’s motion for a further extension, holding that it was frivolous, vexatious, and an abuse of process, and it prohibited him from bringing further motions without leave.
Lower court rulings
See File
Ontario Superior Court of Justice
CV-21-331-00
Statement of claim struck and action dismissed.
Court of Appeal for Ontario
M54459, COA-23-CV-0630
Motion for extension of time to perfect appeal granted; appeal to be perfected no later than September 29, 2023.
Court of Appeal for Ontario
COA-23-CV-0630, M55810
Motion for extension of time to perfect 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