Court File and Parties

CITATION: Elkolaly v. Elsakhawy, 2024 ONSC 5643

DIVISIONAL COURT FILE NO.: 486/24 ML

DATE: 20241022

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: HANAA ELKOLALY, Moving Party

AND:

MOHAMED ELSAKHAWY, Responding Party

BEFORE: D.L. Corbett, Gordon, Lococo JJ.

COUNSEL: Amanda Taerk and Alex Faircloth, for the Moving Party

Matthew Gianotti, for the Responding Party

HEARD: In-writing

ENDORSEMENT

[1] The motion for a stay and for leave to appeal para. 3 of the order of King J. issued October 21, 2024, is dismissed; the motion for leave to appeal paras. 1 and 2 of the order of King J. is granted in respect to the following issues:

(a) did the motions judge err in deciding an evidentiary issue on a final basis “for the purpose of the proceeding”?

(b) if the answer to (a) is no, did the motions judge err in the evidentiary ruling?

[2] Costs of the motion for a stay and for leave to appeal payable by the moving party to the responding party fixed at $7,200, inclusive, payable within thirty days.

D.L. Corbett J.

I agree “Gordon J.”

I agree “Lococo J.”

Released: October 22, 2024