Court of Appeal for Ontario

Date: 2021-12-08 Docket: M52903 (C68942)

Before: Simmons, Roberts and Trotter JJ.A.

Between:

London District Catholic School Board Applicant/Responding Party (Respondent/Responding Party)

And

Myriam Michail Respondent/Moving Party (Appellant/Moving Party)

Counsel: Myriam Michail, acting in person Liam Ledgerwood, for the responding party London District Catholic School Board Ryan Cookson, for the intervener Attorney General of Ontario

Heard and released orally: December 7, 2021

Reasons for Decision

[1] The appellant moves to review a case management order which required that her motion challenging the constitutionality of s. 136 of the Courts of Justice Act be treated as a motion for leave to introduce a new issue on appeal and be heard with her appeal and that her appeal be perfected within 30 days.

[2] The motion judge constituted himself as a case management judge to address how to deal with the procedural issues regarding the motion. He was entitled to do so and did not exceed jurisdiction in doing so.

[3] We see no basis on which to interfere with the motion judge’s exercise of discretion. The appellant is concerned that without the remedy available to her via her motion, she will be precluded from having access to audio recordings or transcripts of the proceeding below. We reject that submission.

[4] The appellant has other remedies to obtain such relief apart from a constitutional challenge. She has not availed herself of those remedies. The constitutional challenge is properly dealt with on the appeal. This review motion is dismissed.

[5] Costs of the review motion will be to the responding party the London District Catholic School Board on a partial indemnity scale fixed in the amount of $1,000, inclusive of disbursements and applicable taxes in the cause of the appeal.

"Janet Simmons J.A."

"L.B. Roberts J.A."

"Gary Trotter J.A."