Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210909 DOCKET: M52665 (C69521)

Strathy C.J.O., Lauwers and Sossin JJ.A.

BETWEEN

Raymond Tanti Applicant (Respondent/Responding Party)

and

Paul Tanti and the Public Guardian and Trustee Respondents (Respondents/ Responding Party )

and

Sharon Joseph Respondent (Appellant/Moving Party)

Counsel: Joy Nwawe, for the moving party, Sharon Joseph William R. Gilmour, for the responding party, Raymond Tanti Kathleen Kinch, for the responding party, Paul Tanti

Heard: September 3, 2021 by video conference

Reasons for Decision

[1] After hearing submissions on behalf of the moving party, we advised counsel that the motion would be dismissed, with reasons to follow. These are our reasons.

[2] Paul Tanti and Sharon Joseph were married on July 27, 2019.

[3] On September 12, 2019, Paul Tanti’s son, Raymond Tanti, sought a guardianship order with respect to his father’s property and person. Harris J. of the Superior Court of Justice granted that order.

[4] Sharon Joseph subsequently brought a motion to set aside the guardianship order. On July 31, 2020, Shaw J. ordered that Sharon Joseph be added as a party to the guardianship proceedings. Shaw J. also ordered that the issue of the validity of the marriage of Paul Tanti and Sharon Joseph would be determined as a threshold issue in the application.

[5] By judgment dated December 22, 2020, Mandhane J. determined that the marriage was valid. That judgment is the subject of an appeal pending before this court (C69056), which is scheduled to be heard on October 1, 2021.

[6] On May 27, 2021, Trimble J. of the Superior Court granted a stay of the guardianship proceedings pending disposition of the appeal of the order of Mandhane J.

[7] Sharon Joseph purported to appeal the order of Trimble J. to this court (C69521). She brought a motion to expedite that appeal. That motion was heard by Benotto J.A. on July 13, 2021. Benotto J.A. dismissed the motion, holding that the order of Trimble J. was procedural and interlocutory and that no appeal lies to this court.

[8] Although not styled as such, this is a motion pursuant to s. 7(5) of the Courts of Justice Act to set aside or vary the order of Benotto J.A.

[9] The moving party has demonstrated no error in the reasons of Benotto J.A. As Benotto J.A. observed, the order of Trimble J. did not determine the substantive rights of the parties and the guardianship application remains to be determined. The order the moving party purports to appeal is clearly interlocutory.

[10] Moreover, as a matter of efficiency and economy, the validity of the marriage should be determined before the guardianship proceedings are continued.

[11] The motion to vary is dismissed and the appeal is quashed, with costs to the responding party, Raymond Tanti, fixed in the amount of $1,000 and to the responding party, Paul Tanti, fixed in the amount of $350, both amounts inclusive of disbursements and all applicable taxes.

“G.R. Strathy C.J.O.” “P. Lauwers J.A.” “L. Sossin J.A.”