Court of Appeal for Ontario

Date: 2025-09-11 Docket: COA-24-CV-1301

Justices: Miller, Zarnett and Madsen JJ.A.

Between

Basseth George E. McLean Applicant (Respondent)

and

Sonia Philipa Connell Respondent (Appellant)

Counsel

Sonia Philipa Connell, acting in person

Latoya Graham, for the respondent

Heard: in writing

On Appeal

On appeal from the order of Justice Jayne E. Hughes of the Superior Court of Justice, dated November 28, 2024, and from the costs order, dated May 21, 2025.

Reasons for Decision

[1] The history of this litigation is lengthy and complex and has been chronicled by Gomery J.A. in her endorsement dated July 8, 2025 (reported at 2025 ONCA 495).

[2] It suffices to say that this is the third appeal Ms. Connell has brought in this proceeding. The first two appeals – of a December 14, 2023 order that Ms. Connell pay equalization to Mr. McLean and sell the matrimonial home – were each dismissed for delay after Ms. Connell failed to perfect them, despite having been granted extensions of time in which to do so.

[3] Ms. Connell now appeals the order of Hughes J. dated November 28, 2024. This is an order evicting Ms. Connell from the matrimonial home to facilitate its sale, to be conducted by Mr. McLean. The order was made due to Ms. Connell's intransigence in the sale process. Ms. Connell brought several motions in this court seeking to stay (and then reverse) the order of eviction and power of sale. Ms. Connell also seeks to appeal an award of trial costs of $36,000, dated May 21, 2025.

[4] The November 28, 2024 order was not substantive, but simply provided a means for implementing the December 14, 2023 order that the matrimonial home be sold and an equalization payment be made from the proceeds. Ms. Connell has attempted to use an appeal of the November 28, 2024 order to get at the substance of the December 14, 2023 order. That order was the subject of the previous two appeals that were dismissed for delay, and it is therefore appropriate to dismiss the current appeal as an abuse of process. Given that the appellant was denied a stay of the November 28, 2024 order pending appeal, and the matrimonial home has now been sold, the appeal is moot in any event.

[5] With respect to the appellant's appeal of the costs award of May 21, 2025, we see no merit in it. Costs of the trial were in the discretion of the trial judge, and the appellant has not identified any error in principle. The trial judge noted that although both parties acted unreasonably in the conduct of the trial, Ms. Connell's conduct after trial – including multiple 14B motions, multiple appeals that were dismissed for delay, and non-cooperation with court orders – increased costs substantially and entitled Mr. McLean to post-trial costs on a substantial indemnity basis. We see no reviewable error in the award of costs.

Disposition

[6] The appeal of the November 28, 2024 order is dismissed. Leave to appeal costs is granted and the appeal of costs is dismissed. There are no costs awarded on the appeals.

B.W. Miller J.A.

B. Zarnett J.A.

L. Madsen J.A.