Ogunmekan v. Ogunmekan, 2024 ONCA 673

Case Summary

This is an appeal from an order of the Superior Court of Justice. The Court of Appeal was advised that the trial, which addressed equalization, child support, and spousal support, had recently concluded but the trial reasons for decision had not yet been released. The appellant argued that the appeal should not proceed without these reasons, a position the respondent's counsel acknowledged as arguably premature. Given the significance of equalization and the issues before the panel, the Court of Appeal adjourned the appeal until after the trial reasons are released. The parties were ordered to bear their own costs for the attendance.

Court File and Parties

Court of Appeal for Ontario Date: 20240909 Docket: COA-24-CV-0115

Pepall, Miller and Wilson JJ.A.

Between:

Grace Terna Ogunmekan Appellant

and

Kehinde Olusegun Ogunmekan Respondent

Counsel: Granville Cadogan, for the appellant Evan Clemence, for the respondent

Heard and released orally: September 6, 2024

On appeal from the order of Justice Giselle M. Miller of the Superior Court of Justice, dated January 15, 2024.

Reasons for Decision

[1] We are advised that the trial in this proceeding took place from June 3rd to June 5th, 2024, before Doi J. The issues addressed involved equalization, child support and a claim for spousal support by the respondent.

[2] The appellant submits that in the absence of reasons, the hearing of the appeal should not proceed today. Counsel for the respondent states that his client would like to proceed today, but acknowledges that today’s hearing is arguably premature.

[3] Given the significance of equalization in the parties’ dispute and the issues before this panel, we are of the view that the hearing of the appeal should be adjourned until after the trial reasons for decision have been released.

[4] The appeal is therefore adjourned to a date to be fixed.

[5] Either party may contact the Registrar of the court to obtain a new date, if necessary, after the reasons for decision have been released.

[6] The parties shall bear their own costs of today’s attendance.

“S.E. Pepall J.A.”

“B.W. Miller J.A.”

“D.A. Wilson J.A.”