Court File and Parties

Court of Appeal for Ontario Date: 2023-08-24 Docket: M54129 (COA-23-CV-0195)

Before: Lauwers, Zarnett and Thorburn JJ.A.

Between:

Elizabeth Ann Buffone Applicant (Respondent/Responding Party)

And:

Barbara Sokil, in her capacity as executrix for the Estate of Eleanor Bobbie, deceased, and in her personal capacity Respondent (Appellant/Moving Party)

And:

William M. Sokil Respondent (Respondent/Responding Party)

Counsel: Barbara Lynn Sokil, acting in person Jonathan Friedman, for the respondent/responding party Elizabeth Ann Buffone Christopher Salazar, for the responding party BMO Trust Company, in its capacity as Estate Trustee During Litigation of the Estate of Eleanor Bobbie William M. Sokil, acting in person

Heard: August 21, 2023

Reasons for Decision

[1] Ms. Sokil sought a stay of para. 4 of the order of Gilmore J. dated February 16, 2023, which moved up the enforcement date of a writ of possession evicting Ms. Sokil from April 13, 2023 to March 10, 2023. The April eviction date came from the order of Cavanagh J. dated September 23, 2022, which Ms. Sokil did not appeal. On March 7, 2023, the motion judge heard Ms. Sokil’s motion to stay the Gilmore J. Order pending appeal and dismissed it with reasons released on March 9, 2023. Ms. Sokil was removed from the Estate property on March 21, 2023. This renders Ms. Sokil’s panel review motion moot. The panel review would serve no purpose and is dismissed.

"P. Lauwers J.A."

"B. Zarnett J.A."

"Thorburn J.A."