COURT OF APPEAL FOR ONTARIO
DATE: 20260227
DOCKET: M56300 (COA-25-OM-0273)
Trotter, Monahan and Dawe JJ.A.
BETWEEN
Harry James Clarke
Applicant
(Respondent/Responding Party)
and
Melissa Joy Denyes
Respondent
(Appellant/Moving Party)
Melissa Joy Denyes, acting in person
Julie Stanchieri and David Rappaport, for the respondent/responding party
Heard: in writing
On review of the order of Justice Grant Huscroft of the Court of Appeal for Ontario, dated August 28, 2025.
REASONS FOR DECISION
1The moving party seeks to set aside the order of the motion judge denying her motion for an extension of time to file a Notice of Appeal.
2This proceeding arises from a trial decision involving high-conflict family litigation. The respondent was successful on nearly all major issues. The trial judge awarded costs to the respondent in the amount of $400,000.
3A panel of this court may interfere with an order under s. 7(5) of the Courts of Justice Act , R.S.O. 1990, c. C.43, if the motion judge failed to identify the applicable legal principles, erred in principle, or reached an unreasonable result: Weidenfeld v. Weidenfeld , 2022 ONCA 860 , at para. 11 , leave to appeal refused, [2023] S.C.C.A. No. 27.
4The motion judge applied the correct legal test and his discretionary decision not to extend time to file a Notice of Appeal is entitled to deference. In reaching his decision, the motion judge recognized that "[t]he overarching consideration in cases affecting the rights of children is whether the extension of time would be in the children's best interests". See e.g., Collins v. Tiveron , 2024 ONCA 447 , 2 R.F.L. (9th) 257, at para. 13 .
5The moving party has not identified any error in principle in the motion judge's analysis of the relevant considerations, particularly that the appeal has little merit, the significant five-month delay in filing the Notice of Appeal, and the continuing uncertainty over the parenting schedule that would be prejudicial to the children.
6The motion is dismissed with costs to the respondent in the amount of $2,000, inclusive of taxes and disbursements.
"Gary Trotter J.A."
"P.J. Monahan J.A."
"J. Dawe J.A."