Court of Appeal for Ontario
Panel: Doherty, Harvison Young and Thorburn JJ.A.
Between
Robert Carey, Lydia Carey-Patel and David Aello Applicants (Respondents in Appeal)
and
Douglas Carey, Arthur Carey, Jennie Carey and the Office of the Public Guardian and Trustee Respondents (Respondents in Appeal)
Counsel
Olando Vinton, for Edward Carey and David Carey
Richard Watson, for Robert Carey, Lydia Carey-Patel and David Aello
Yonatan Lipetz, for Arthur Carey and Douglas Carey
Heard and released orally: September 16, 2019
Reasons for Decision
[1]
Adjournment
We have decided, I may say reluctantly, to grant this adjournment. We are prepared to do so in light of the respondent's consent to the adjournment request made by the appellants.
[2]
Terms of Adjournment
The adjournment is granted on the following terms.
3Counsel will attend at the office of the Civil Appeals Trial Coordinator to obtain a date for the hearing of this appeal. That date is peremptory to the appellants (the date has now been set (November 28, 2019)). The appeal is to take 45 minutes. Thirty minutes for the appellants and 15 minutes for the respondent.
4The appellants must perfect this appeal in accordance with the rules within 21 days of today. The respondent must file the respondent's factum within 10 days of the receipt of the appellants' perfected appeal.
[5]
Costs
We award costs to the respondent of today's appearance in the amount of $1,500, payable by the appellants and payable within 21 days.
6If counsel have any problems complying with any of the terms set out above, or meeting any of the deadlines, they must arrange a case management conference call with me. The failure to comply with any part of this order, including the costs order, may result in the dismissal of this appeal as an abandoned appeal.
"Doherty J.A."
"Harvison Young J.A."
"J. Thorburn J.A."
