COURT OF APPEAL FOR ONTARIO
DATE: 20260119
DOCKET: M56302 & M56305 (COA-24-CV-0563)
Trotter, Gomery and Dawe JJ.A.
BETWEEN
Twisha Talpade and Vineet Talpade
Appellant/Moving Parties
and
AMJ Campbell Company Toronto East and James Yaeck
Respondents/Responding parties
Heard: in writing
Determination pursuant to r. 2.1 of the Rules of Civil Procedure , R.R.O. 1990, Reg. 194, with respect to a motion to set aside the order of Justices Sossin, Favreau and Wilson of the Court of Appeal for Ontario, dated September 9, 2025 (M56302).
Determination pursuant to r. 2.1 of the Rules of Civil Procedure , R.R.O. 1990, Reg. 194, with respect to permission to obtain the digital-audio recording of proceedings on August 27, 2025 before Justices Sossin, Favreau and Wilson of the Court of Appeal for Ontario (M56305).
REASONS FOR DECISION
[ 1 ] On December 18, 2025, we made an order dismissing the Moving Parties’ two motions, M56302 and M56305, pursuant to r. 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and revoking their fee waivers for these proceedings. We noted in our reasons that no responding materials from the Moving Parties were before us.
[ 2 ] It has now come to our attention that the Moving Parties did submit responding materials to the court by email on October 14, 2025. However, these materials were not placed before the panel, and we made our order without having seen them.
[ 3 ] In these circumstances, we are satisfied that the interests of justice require that our order be set aside, and the matter remitted for consideration by a different panel.
“Gary Trotter J.A.”
“S. Gomery J.A.”
“J. Dawe J.A.”