COURT OF APPEAL FOR ONTARIO
DATE: 20260227
DOCKET: M56300 (COA-25-OM-0273)
Trotter, Monahan and Dawe JJ.A.
BETWEEN
Harry James Clarke
Applicant
(Respondent/Responding Party)
and
Melissa Joy Denyes
Respondent
(Appellant/Moving Party)
Melissa Joy Denyes, acting in person
Julie Stanchieri and David Rappaport, for the respondent/responding party
Heard: in writing
On review of the order of Justice Grant Huscroft of the Court of Appeal for Ontario, dated August 28, 2025.
REASONS FOR DECISION
[ 1 ] The moving party seeks to set aside the order of the motion judge denying her motion for an extension of time to file a Notice of Appeal.
[ 2 ] This proceeding arises from a trial decision involving high-conflict family litigation. The respondent was successful on nearly all major issues. The trial judge awarded costs to the respondent in the amount of $400,000.
[ 3 ] A panel of this court may interfere with an order under s. 7(5) of the Courts of Justice Act , R.S.O. 1990, c. C.43, if the motion judge failed to identify the applicable legal principles, erred in principle, or reached an unreasonable result: Weidenfeld v. Weidenfeld , 2022 ONCA 860 , at para. 11 , leave to appeal refused, [2023] S.C.C.A. No. 27.
[ 4 ] The motion judge applied the correct legal test and his discretionary decision not to extend time to file a Notice of Appeal is entitled to deference. In reaching his decision, the motion judge recognized that "[t]he overarching consideration in cases affecting the rights of children is whether the extension of time would be in the children's best interests". See e.g., Collins v. Tiveron , 2024 ONCA 447 , 2 R.F.L. (9th) 257, at para. 13 .
[ 5 ] The moving party has not identified any error in principle in the motion judge's analysis of the relevant considerations, particularly that the appeal has little merit, the significant five-month delay in filing the Notice of Appeal, and the continuing uncertainty over the parenting schedule that would be prejudicial to the children.
[ 6 ] The motion is dismissed with costs to the respondent in the amount of $2,000, inclusive of taxes and disbursements.
"Gary Trotter J.A."
"P.J. Monahan J.A."
"J. Dawe J.A."