David Campbell (duty counsel)

The moving party sought an extension of time to perfect her appeal from a decision dismissing her application against the City of Ottawa (Ottawa Public Library), as well as relief from various procedural requirements including electronic service, dispensation from filing hard copies of appeal materials, and dispensation from filing a transcript of evidence.

The application judge had dismissed the underlying application on the basis that it did not disclose a cause of action and that the relief sought was moot.

The motion judge granted the extension of time, permitted electronic service, accepted an agreed-upon transcription of the oral reasons, and granted relief from filing hard copies based on the moving party's financial hardship and the court's lack of proper technological infrastructure.

The respondents moved to quash an appeal brought to the Court of Appeal for Ontario on the basis that the appellant was seeking to appeal interlocutory orders of the Superior Court of Justice, which should have been appealed to the Divisional Court with leave.

The appellant sought to appeal orders made by Justice Lynne Leitch and Justice A. Duncan Grace, including an order transferring a judicial review application to the Divisional Court and a costs order of $10,000.

The Court of Appeal found it lacked jurisdiction to hear the appeal and granted the motion to quash, awarding nominal costs of $2,000 to the respondents.