Weston on the Humber v. Kelly, 2016 ONSC 573
DIVISIONAL COURT FILE NO.: 11/16
TNL-75451-15 DATE: 20160122
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SACHS, STEWART AND PATTILLO JJ.
BETWEEN:
WESTON ON THE HUMBER Applicant (Respondent)
– and –
DONOVAN KELLY Appellant (Moving Party)
COUNSEL: Ryan Wozniak and Jeremy Sacks, for the Applicant (Respondent) Matthew Tubie, for the Appellant (Moving Party)
HEARD at Toronto: January 22, 2016
ORAL REASONS FOR JUDGMENT
SACHS J. (ORALLY)
1This is a motion to vary Swinton J.’s order lifting the stay because of her finding that the moving party did not provide credible proof of financing with no conditions. In Marsden v. Her Majesty the Queen, 2012, ONSC 6118, the Divisional Court stated that a panel should intervene to vary or set aside the order of a single judge only if she made an error of law or a palpable and overriding error of fact. The moving party has not met this threshold. Swinton J.’s findings regarding the financing produced by the moving party are supported by the evidence.
2With respect to the moving party’s attempt before us to vary the order of J. Wilson J., the moving party, having accepted the order of J. Wilson J. and proceeded in accordance with that order to try and comply with the condition set out in that order cannot, having failed in his attempt to comply with that condition, now move to vary that order.
3For these reasons, the motion to vary is dismissed.
COSTS
4The responding party is entitled to its costs of this motion, which we fix in the amount of $500.00, all inclusive.
SACHS J.
STEWART J.
PATTILLO J.
Date of Reasons for Judgment: January 22, 2016
Date of Release: January 26, 2016
CITATION: Weston on the Humber v. Kelly, 2016 ONSC 573
DIVISIONAL COURT FILE NO.: 11/16
TNL-75451-15 DATE: 20160122
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SACHS, STEWART AND PATTILLO JJ.
BETWEEN:
WESTON ON THE HUMBER Applicant (Respondent)
– and –
DONOVAN KELLY Appellant (Moving Party)
ORAL REASONS FOR JUDGMENT
SACHS J.
Date of Reasons for Judgment: January 22, 2016
Date of Release: January 26, 2016