Court of Appeal for Ontario
MacPherson, Cronk and Benotto JJ.A.
BETWEEN
R. Maxine Collins
Appellant (Moving Party)
and
Her Majesty the Queen in Right of Ontario
Respondent (Responding Party)
AND BETWEEN
R. Maxine Collins
Appellant (Moving Party)
and
Her Majesty the Queen in Right of Canada
Respondent (Responding Party)
Counsel:
R. Maxine Collins, acting in person
Ayesha Laldin, for the responding party Her Majesty the Queen in Right of Canada
Daniel Mayer, for the responding party Attorney General of Ontario
Heard: July 5, 2016
ENDORSEMENT
1The moving party brings these motions to set aside the decisions of Lauwers J.A. (in chambers) dated January 20, 2016 and Strathy C.J.O. (in chambers) dated January 25, 2016.
2In his decision, Lauwers J.A. held that the Court of Appeal did not have jurisdiction to issue an originating process such as a Notice of Application and, therefore, the moving party could only appeal a decision of a lower court.
3In his decision, Strathy C.J.O. agreed with Lauwers J.A.’s decision and granted the appellant an extension of time to April 8, 2016 to perfect her appeal.
4The moving party appeals both decisions, principally on the basis that Lauwers J.A.’s decision was wrong in law.
5We agree with Lauwers J.A.’s decision and we do so for the reasons he gave.
6It follows that we also agree with Strathy C.J.O.’s decision. The appellant has taken no steps to perfect her appeal.
7The motion is dismissed. The respondents are entitled to their costs of the appeal fixed at $1000 each, inclusive of disbursements and HST.
“J.C. MacPherson J.A.”
“E.A. Cronk J.A.”
“M.L. Benotto J.A.”