Court of Appeal for Ontario
Judges: Feldman, Hourigan and Brown JJ.A.
Between
Shannon Williams Applicant (Respondent in Appeal)
and
Scott Young Respondent (Appellant in Appeal)
Counsel
Benjamin Nielsen, for the moving party/respondent in appeal
Shawn Philbert, for the responding party/appellant in appeal
Heard and Released Orally
July 3, 2018
Endorsement
1This appeal is properly brought to the Divisional Court under s. 21.9.1 of the Courts of Justice Act. The respondent moves to quash the appeal for lack of jurisdiction. The appellant asks that the appeal be transferred to the Divisional Court in Oshawa, and has undertaken to try to have the matter heard there in September 2018.
2In our view, in light of (1) the complex appeal routes for appeals from child custody orders made in the Family Division; and (2) the appeal was perfected in a timely way, it is appropriate to transfer the appeal to the Divisional Court in anticipation that it will be heard in a timely way there.
3The motion to quash is dismissed and the cross-motion is granted. Costs are awarded in the amount of $2,500, in the cause of the merits of the appeal in the Divisional Court.
K. Feldman J.A.
C.W. Hourigan J.A.
David Brown J.A.