Court of Appeal for Ontario
BEFORE: Rosenberg, Moldaver and Karakatsanis JJ.A.
BETWEEN
Joseph Alexander Gordon
Applicant (Appellant)
and
Ashley Margaret Kathleen McGuire
Respondent (Respondent in Appeal)
COUNSEL:
Joseph Gordon, in person
Kate Bennett, for the respondent
HEARD: November 19, 2010
On appeal from the judgment of Justice C. Perkins of the Superior Court of Justice dated January 12, 2010.
APPEAL BOOK ENDORSEMENT
1The decision of Perkins J. refusing to extend time to appeal the decision of Curtis J. was a final Order and is properly before the court.
2We see no basis to interfere with the decision of Perkins J. Perkins J. was entitled to refuse to extend time to appeal on the basis that there was no merit to the appeal. Curtis J. had jurisdiction to set aside her Order, including under R. 19.08 of the Rules of Civil Procedure in the circumstances of this case. Since she had jurisdiction, the doctrine of functus officio does not apply. Furthermore, Rule 5(1)(a) of the Family Law Rules applied in this case and Curtis J. properly found that Toronto was not the proper venue. Perkins J. was entitled to refuse to set aside an Order transferring this case to London, Ontario.
3Accordingly, the appeals are dismissed. Costs to the respondent fixed in the amount of $4,000 inclusive of disbursements and applicable taxes.