Court File and Parties
Court of Appeal for Ontario
Before: Doherty, Feldman and Blair JJ.A.
Between:
Francisca Ramon and Marco Gonzalez Applicants (Respondents in Appeal)
and
Jessica Moreira Respondent (Respondent in Appeal)
and
Angela Moreira Appellant (Non-party)
Counsel: Audrey Ngo-Lee, for the appellant Alexandra Abramian, for the respondents Francisca Ramon and Marco Gonzalez David Miller, for the respondent Jessica Moreira
Heard and endorsed: January 20, 2010 On appeal from the order of Justice Susan Greer of the Superior court of Justice dated may 28, 2009.
Appeal Book Endorsement
[1]
Background
The appellant is the aunt of the children who are the subject of the custody trial in this matter. She sought leave at the settlement conference in March 2009 to be added as a party to the proceeding in order to seek custody of the children. Justice Trotter allowed her 30 days peremptory to file the necessary material to be added as a party as the trial was set for June, 2009. The appellant did not file the necessary material within the 30 days, and sought leave from Greer J. for an extension of time, due to delays caused in part by legal aid delays retaining new counsel.
2Justice Greer considered the reasons offered for the appellant’s failure to comply with the 30 day time limit, but concluded that she would not grant an extension of time as the trial had been set for June 15 for 6 days and it was important for the trial to proceed. The children ages 7 and 12 had lost their parents in a car accident in 2008. Their maternal grandparents wanted to obtain custody and parent the children. A report prepared by the officer of the Children’s Lawyer recommended that it was in the best interests of the children to be placed in the care and custody of their grandparents rather than with the appellant or either of her two sisters.
[3]
Analysis
In our view there is no basis to set aside the decision of Greer J. to deny the appellant extra time to participate. She had been involved formerly and informally in the proceedings for many months prior to the settlement conference but had not taken the steps required to become a party. In fact, she had been a party originally, but had removed herself at one point.
4Justice Greer effectively determined that in the circumstances it was most important that the custody issue be resolved so that the children’s stability could be insured as soon as possible. What occurred eventually was a consent order awarding custody to the grandparents. There is no evidence that the result is not in the best interests of the children.
[5]
Disposition
The appeal is therefore dismissed.
[6]
Costs
Costs of the appeal on a partial indemnity bases in the amount of $3,726 plus G.S.T.