Court of Appeal for Ontario
Judges: Strathy C.J.O., Gillese and Pardu JJ.A.
Between
Raymond Levesque, Jr., Dianne Gagnon and Derek Levesque Plaintiffs
and
The Estate of Father Dale Crampton and The Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa Defendants (Appellant) (Respondent)
Counsel
James B. Barnes, for the respondent/appellant on the appeal
Stephen Cavanagh, for the moving party/respondent on the appeal
Heard: In writing
Motion for Reconsideration
1The appeal in this matter was allowed, with reasons released June 5, 2017: Levesque v. Crampton Estate, 2017 ONCA 455.
2The moving party, The Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa, the respondent on this appeal, brings a motion asking the court to rehear the appeal.
3The order has not yet been taken out. Assuming we have jurisdiction to rehear the appeal, this is not one of the exceptional cases in which we should do so.
4The moving party is taking a position contrary to the position it took on the appeal, in relation to an issue that was identified by the appellant on the appeal, to which the moving party made no submissions. A motion for reconsideration should not be a venue for issues that could have been, but were not, raised on the appeal.
5The motion is dismissed, with costs to the respondent on the motion on a partial indemnity basis, payable forthwith. If, within seven days, no agreement has been reached on costs, written submissions (not to exceed three pages, excluding the costs outline) may be made within fifteen days thereafter.
"G.R. Strathy C.J.O."
"E.E. Gillese J.A."
"G. Pardu J.A."