COURT FILE NO.: 531/07
DATE: 20080501
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
pardu, lederman and low jj.
B E T W E E N:
KAREN HONEY REISMAN
Applicant
(Respondent in Appeal)
- and -
NORMAN REISMAN
Respondent
(Appellant)
Deborah Zemans, for the Applicant (Respondent in Appeal)
Patrick D. Schmidt and
Joanna Harris, for the Respondent (Appellant)
HEARD at Toronto: May 1, 2008
PARDU J.: (Orally)
[1] On October 26, 2007, Backhouse J. ordered the husband to pay costs of a disclosure motion on a full indemnity basis totalling $26,375.15. She found that the husband had acted in bad faith as expressed in Rule 24(8) of the Family Law Rules. The husband has paid the costs and indicates that he does not appeal the order, only the finding of bad faith, essentially on the ground that such a finding casts him in a bad light and will affect future decisions in this case.
[2] Section 19(1)(b) of the Courts of Justice Act provides that an appeal lies to the Divisional Court with leave from “… an interlocutory order of a Judge of the Superior Court”. There is no appeal from a “finding” alone as opposed to the order. This is a sufficient basis to dismiss the appeal.
[3] While Kiteley J. granted leave to appeal on the question of the principles determining a finding of bad faith and whether the finding here is based on those principles, there is no foundation for consideration of these questions in the absence of an appeal from an order.
[4] The appeal is dismissed.
[5] I endorse the Appeal Book and Compendium: “Appeal dismissed for reasons delivered orally. Costs of motion for leave previously fixed at $3,500 to be paid by husband to wife by June 1, 2008. Costs of appeal fixed at $10,000 to be paid by husband to wife by June 1, 2008.”
PARDU J.
LEDERMAN J.
LOW J.
Date of Reasons for Judgment: May 1, 2008
Date of Release: May 6, 2008
COURT FILE NO.: 531/07
DATE: 20080501
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PARDU, LEDERMAN AND LOW JJ.
B E T W E E N:
KAREN HONEY REISMAN
Applicant
(Respondent in Appeal)
- and -
NORMAN REISMAN
Respondent
(Appellant)
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: May 1, 2008
Date of Release: May 6, 2008