Court File and Parties

CITATION: Stewart v. Allan, 2022 ONSC 2205

DIVISIONAL COURT FILE NO.: 061/22

DATE: 20220422

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: FIONA STEWART, Plaintiff/Responding Party

AND:

NATALIE ALLAN, DANAN LATTANZIO and ANN LATTANZIO, Defendants/Moving Parties

BEFORE: ACJSC McWatt, Stewart and Mew JJ.

COUNSEL: Sonia A. Nuic, for the Defendants/Moving Parties, Danan Lattanzio and Ann Lattanzio

Trevor J. Buckley, for the Defendant/Moving Party, Natalie Allan

Neil G. Wilson, for the Plaintiff/Responding Party

HEARD: in writing

Endorsement

[1] The motion for leave to appeal the order of Price J. dated January 18, 2022 is dismissed as moot due to the anticipated resumption of in-person civil jury trials for which this action remains scheduled in October, 2022.

[2] This disposition is without prejudice to the entitlement of the Moving Parties to re-submit their motion for leave to appeal should prevailing circumstances in October, 2022 prevent the action from proceeding to trial before a judge with a jury as presently scheduled.

[3] There shall be no costs payable by any party.

ACJSC McWatt J.

Stewart J.

Mew J.

Released: April 22, 2022