CITATION: Kostaszek v. Kostaszek, 2022 ONSC 2818

DIVISIONAL COURT FILE NO.: 163/22

DATE: 20220520

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Genevieve kostaszek, Applicant (Responding Party)

AND:

christopher kostaszek, Respondent (Moving Party)

BEFORE: Swinton, R. Gordon and Matheson JJ.

COUNSEL: Genevieve Kostaszek self-represented

Gene C. Coleman and Jennifer Kirsten, for the Respondent (Moving Party)

HEARD: in writing

ENDORSEMENT

[1] The motion for leave to appeal the order of Barnes J. dated March 10, 2022 is granted with respect to the following question:

Is it an error in principle – in procedural and substantive justice - when a Motions Judge, having adjourned the applicant’s cross motion to a long motion date (4 July 2022) so that the respondent would have an opportunity to respond to her allegations, then relies upon the applicant’s evidence supporting the cross motion, with no response allowed to the respondent?

[2] The parties shall contact the Divisional Court to arrange an urgent telephone case conference respecting the scheduling of the appeal.

[3] The request for a stay is refused. Costs are reserved to the panel hearing the appeal.

Swinton J.

R. Gordon J.

Matheson J.

Released: May 20, 2022