Court of Appeal for Ontario

Date: 2024-08-22 Docket: M55057 (COA-23-OM-0358)

Before: Nordheimer, Gomery and Wilson JJ.A.

In the Estate of: Shun Kun Ma Chen, also known as Shun Kun Chen, deceased

Parties

BETWEEN:

Xin Peng Applicant (Moving Party)

AND:

Estate of Shun Kun Ma Chen, also known as Shun Kun Chen, deceased, currently without an Estate Trustee May Hing Tam, personally, and in her capacity as the named Estate Trustee of the Estate of Rafael Yang Ling Chen, also known as Rafael Chen Peter Chen, by his litigation guardian, the Public Guardian and Trustee Respondents (Responding Parties)

Counsel

For the Applicant: Xin Peng, acting in person

For the Responding Party, May Hing Tam: Shael Eisen Juanita Valencia

For the other Respondents: No one appearing

Heard and released orally: August 21, 2024

Reasons for Decision

[1] Ms. Peng seeks a review of the order of the motion judge that dismissed her motion to extend the time to file a motion for leave to appeal from the order of the Divisional Court that dismissed her motion for leave to appeal from two costs orders.

[2] Ms. Peng has failed to demonstrate any error in the motion judge’s analysis or conclusion. We agree that the Divisional Court need not provide reasons for refusing leave. This is its usual practice, as it is the usual practice of this court and other appellate courts. Further, the motion judge’s finding that the proposed motion for leave to appeal has no merit is unassailable.

[3] The review motion is dismissed. Costs to responding party, May Hing Tam, are fixed in the amount of $3,500.

“I.V.B. Nordheimer J.A.”

“S. Gomery J.A.”

“D.A. Wilson J.A.”