CITATION: Peddle v. Hayduk, 2018 ONSC 585
DIVISIONAL COURT FILE NO.: DC-16-955-00 DATE: 20180125
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Abrams, Matheson, Ryan Bell, JJ.
BETWEEN:
Jody Peddle
Applicant
– and –
Terrance Michael Hayduk
Respondent
Michael Tweyman, for the Applicant
Self-represented
HEARD at Oshawa: January 24, 2018
REASONS FOR DECISION
Abrams J.: (Orally)
[1] This is an appeal of the interlocutory order of Hughes J. dated February 17, 2016, whereby she lifted her earlier order dated July 9, 2015, staying a motion to change custody and support, brought by the Respondent.
[2] Hughes J. ordered the stay of the Respondent’s motion to change based on non-payment of support arrears and costs pursuant to s. 1(8) of the Family Law Rules.
[3] The Appellant asks that the order, dated February 17, 2016, be set aside, thus reinstating the stay order dated July 9, 2015.
[4] Leave to appeal was granted by Rowsell J. on July 9, 2015. Notably, the Respondent has filed no material on this appeal. Rather, counsel filed what is effectively joint correspondence dated December 29, 2017, consenting to the appeal being granted on a without costs basis.
[5] On the materials before us, we agree that the lifting of the stay order, absent the Respondent complying with the order to pay all outstanding arrears and costs in full before the stay could be lifted, amounts to an error that justifies granting the appeal. As a result, the appeal is granted.
[6] The order dated February 17, 2016 is set aside. There is no order for costs.
Abrams J.
I agree
Matheson J.
I agree
Ryan Bell J.
Date of Reasons for Decision: January 24, 2018
Date of Release: January 25, 2018
CITATION: Peddle v. Hayduk, 2018 ONSC 585
DIVISIONAL COURT FILE NO.: DC-16-955-00 DATE: 20180125
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Abrams, Matheson, Ryan Bell, JJ.
BETWEEN:
Jody Peddle
Applicant
– and –
Terrance Michael Hayduk
Respondent
ORAL REASONS FOR DECISION
Abrams J.
Date of Reasons for Judgment: January 24, 2018
Date of Release: January 25, 2018