Court of Appeal for Ontario

Date: 20221114 Docket: M53633 (C69387)

Paciocco, George and Favreau JJ.A.

Between:

Lynda Mary Van Delst Applicant (Respondent/Responding Party)

And:

Thomas John Hronowsky Respondent (Appellant/Moving Party)

Counsel: Thomas John Hronowsky, acting in person Katherine Shadbolt, for the responding party

Heard and released orally: November 9, 2022

Reasons for Decision

[1] This is a panel review of the motion judge’s decision of May 4, 2022, which dismissed the appellant’s request for a stay of the orders from the court below, and for various other forms of relief. The appellant asks us to set aside the motion judge’s decision, to make an order reversing the enforcement steps already taken, and for an extension of time to file his application for leave to appeal to the Supreme Court of Canada.

[2] A panel review of a motion judge’s decision is not a de novo determination. A reviewing panel may only intervene if the motion judge erred in principle, reached an unreasonable result, or if the motion judge’s decision reflects legal error or a misapprehension of material evidence. Here the chambers judge did not err in principle, did not misapprehend material evidence, and the result is not unreasonable. There is no basis to interfere. The motion is therefore dismissed.

[3] Costs to the respondent in the amount $6,293, inclusive of HST and disbursements.

“David M. Paciocco J.A.”

“J. George J.A.”

“L. Favreau J.A.”