Nancy Cellucci

The applicant father commenced family law proceedings but failed to take any steps to move the matter forward.

The respondent mother was granted leave to proceed by way of an uncontested trial.

The court granted the mother sole decision-making responsibility, primary residence, and the ability to travel without the father's consent.

The father was ordered to pay ongoing child support, arrears for section 7 expenses, and a proportionate share of prospective section 7 expenses.

A divorce was also granted.

The self-represented client brought a motion for leave to appeal an earlier order regarding a dispute with her former solicitors.

The Divisional Court dismissed the motion for leave to appeal and ordered the client to pay costs of $5,000 to the responding solicitors.

Alka Singh (client) appealed a Superior Court order that set aside an Assessment Officer's certificate of assessment regarding legal fees from Reesa Heft and Heft Law (solicitors) and referred the matter for a new assessment.

The Assessment Officer had previously reduced the solicitors' fees, finding them not fair and reasonable.

The motion judge set aside this assessment, concluding the Assessment Officer exceeded jurisdiction by assessing a disputed retainer and erred in not considering the solicitors' objections or evidence.

The Court of Appeal addressed the preliminary issue of jurisdiction, determining whether the motion judge's order was final or interlocutory.

Applying established principles, the Court found the order interlocutory because it did not finally dispose of the substantive rights or the real matter in dispute, but rather remitted it for a new assessment.

Consequently, the appeal to the Court of Appeal was quashed, as jurisdiction for interlocutory orders lies with the Divisional Court with leave.