Superior Court of Justice – Ontario (Divisional Court)
CITATION: Sleiman v. Otaki, 2023 ONSC 1869
DIVISIONAL COURT FILE NO.: 23-118-ML
DATE: 20230404
Parties
RE: MURIELLE ABOU SLEIMAN, Applicant
AND:
ABDO FARES OTAKI, Respondent
Counsel and Hearing
BEFORE: Stewart, Baltman and Lococo JJ.
COUNSEL: Farrah Hudani and Liza Bakhshi, for the Applicant
James D. Singer P.C., for the Respondent
HEARD: in writing
ENDORSEMENT
[1] The motion brought by the moving party Respondent seeking leave to adduce fresh evidence on this motion for leave to appeal the order of Agarwal, J. dated February 21, 2023 is dismissed. The proposed fresh evidence does not satisfy the test for admission of fresh evidence (see: R. v. Palmer, [1980] 1 S.C.R. 759; Sengmueller v. Sengmueller, (1994), 17 O.R. (3d) 208 (C.A.)) as it is not relevant to the test for determining whether leave to appeal an interlocutory order of the court should be granted, including the correctness of the decision sought to be appealed.
[2] The motion for leave to appeal the order of Agarwal, J. dated February 21, 2023 is dismissed. The moving party Respondent’s requests for ancillary relief are likewise dismissed.
[3] We order costs in the amount of $10,000.00, inclusive of all disbursements and applicable taxes, to be paid within 30 days by the moving party Respondent to the successful responding party Applicant on these motions.
Stewart J.
Baltman J.
Lococo J.
Released: April 4, 2023