Court of Appeal for Ontario

Date: 2018-01-31

Docket: M48417(C62912)

Judges: Strathy C.J.O., Gillese and Pardu JJ.A.

Between

Raymond Levesque, Jr., Dianne Gagnon and Derek Levesque Plaintiffs

and

The Estate of Father Dale Crampton and The Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa Defendants (Appellant) (Respondent)

Counsel

James B. Barnes, for the respondent/appellant on the appeal

Stephen Cavanagh, for the moving party/respondent on the appeal

Heard: In writing

Motion for Reconsideration

By the Court:

[1] The appeal in this matter was allowed, with reasons released June 5, 2017: Levesque v. Crampton Estate, 2017 ONCA 455.

[2] The moving party, The Roman Catholic Corporation of the Episcopal Archdiocese of Ottawa, the respondent on this appeal, brings a motion asking the court to rehear the appeal.

[3] The order has not yet been taken out. Assuming we have jurisdiction to rehear the appeal, this is not one of the exceptional cases in which we should do so.

[4] The moving party is taking a position contrary to the position it took on the appeal, in relation to an issue that was identified by the appellant on the appeal, to which the moving party made no submissions. A motion for reconsideration should not be a venue for issues that could have been, but were not, raised on the appeal.

[5] The motion is dismissed, with costs to the respondent on the motion on a partial indemnity basis, payable forthwith. If, within seven days, no agreement has been reached on costs, written submissions (not to exceed three pages, excluding the costs outline) may be made within fifteen days thereafter.

"G.R. Strathy C.J.O."

"E.E. Gillese J.A."

"G. Pardu J.A."