Court of Appeal for Ontario

Date: 2018-07-05

Docket: M49155 (C64314)

Judges: Feldman, Hourigan and Brown JJ.A.

Between

Shannon Williams Applicant (Respondent in Appeal)

and

Scott Young Respondent (Appellant in Appeal)

Counsel

Benjamin Nielsen, for the moving party/respondent in appeal

Shawn Philbert, for the responding party/appellant in appeal

Heard and Released Orally

July 3, 2018

Endorsement

[1] This appeal is properly brought to the Divisional Court under s. 21.9.1 of the Courts of Justice Act. The respondent moves to quash the appeal for lack of jurisdiction. The appellant asks that the appeal be transferred to the Divisional Court in Oshawa, and has undertaken to try to have the matter heard there in September 2018.

[2] In our view, in light of (1) the complex appeal routes for appeals from child custody orders made in the Family Division; and (2) the appeal was perfected in a timely way, it is appropriate to transfer the appeal to the Divisional Court in anticipation that it will be heard in a timely way there.

[3] The motion to quash is dismissed and the cross-motion is granted. Costs are awarded in the amount of $2,500, in the cause of the merits of the appeal in the Divisional Court.

K. Feldman J.A.

C.W. Hourigan J.A.

David Brown J.A.