COURT OF APPEAL FOR ONTARIO

CITATION: De Longte v. De Longte, 2025 ONCA 30

DATE: 20250115

DOCKET: M55659 (COA-24-CV-0764)

Lauwers J.A. (Motions Judge)

BETWEEN

Christine De Longte

Applicant (Respondent/Responding Party)

and

Michael De Longte

Respondent (Appellant/Moving Party)

Michael De Longte, acting in person

Lorna Yates, for the respondent/responding party

Heard: January 14, 2025

ENDORSEMENT

Overview

[1] The appellant/moving party, Michael De Longte, brings this motion staying enforcement of the support provisions in the Divorce Order of Fowler Byrne J. dated June 14, 2024 and for leave to file a factum in the main appeal in excess of the page/word count limit. Michael also seeks an extension of time to perfect the appeal, despite having perfected the appeal on December 20, 2024.

[2] The respondent/responding party, Christine De Longte, points out that r. 63.01(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, stays the equalization payment and the costs order dated November 4, 2024, but does not provide for an automatic stay of support ordered in the Divorce Order. Christine takes no position on Michael’s request for leave to file a factum in the main appeal that is longer than permitted.

Facts

[3] Fowler Byrne J. heard a 13-day family trial in September and October, 2023 and issued reasons reported at 2024 ONSC 3454.

[4] Michael was ordered to pay Christine the following:

a) ongoing child support and contribution to the children’s special and/or extraordinary expenses (including post-secondary) pursuant to paras. 4 and 7-11 of the Divorce Order;

b) $345,325.02 as an equalization payment pursuant to para. 2 of the Divorce Order;

c) $185,015.56 on account of retroactive child support pursuant to para. 3 of the Divorce Order;

d) $4,930.54 on account of money that he took from the parties’ son’s bank account pursuant to para. 15 of the Divorce Order