Court File and Parties
DIVISIONAL COURT FILE NO.: 542/22
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: LYNNE MARIE HEVEY, Respondent in Appeal / Applicant
AND:
CHARLES JAMES HEVEY, Appellant / Respondent
BEFORE: Leiper J.
COUNSEL: Aaron Drury, for the Responding Party, Lynne Marie Hevey
Robert Haas, for the Appellant / Respondent, Charles James Hevey
HEARD at Toronto: January 17, 2023, at Toronto, by videoconference
Endorsement
1Charles James Hevey brought a motion for leave to extend the time to file a motion for leave to appeal the interlocutory order of the Honourable Justice Desotti, dated June 27, 2022, and released to the parties on September 2, 2022.
2On the return of this motion, counsel conferred on the chronology of events following the release of Justice Desotti’s order. They agreed that although the parties seemed to assume that the motion for leave to appeal was served and filed late, on closer examination of the chronology, Mr. Hevey’s motion for leave to appeal was served and filed within the time provided by the Rules of Civil Procedure. Accordingly, counsel jointly submitted that the motion for leave to extend time is not necessary.
3On consent of the counsel for Ms. Hevey, Mr. Hevey’s motion for leave to extend time is withdrawn. The motion for leave to appeal the order of Justice Desotti may be scheduled in accordance with the Rules. Any costs arising from the steps taken by the parties to prepare for this motion are reserved to the panel considering the motion for leave to appeal or as otherwise agreed between counsel.
4At the request of counsel I direct that a case conference be convened for the related Divisional Court matters concerning Mr. Hevey and Ms. Hevey (Files 542/22 and 690/22). This will enable efficient scheduling.
Leiper J.
Date: January 17, 2023