Court File and Parties

CITATION: Kovolos v. Vassilakos, 2020 ONSC 5112

COURT FILE NO.: DC 181/20

DATE: 20200826

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Kovolos v. Vassilakos

BEFORE: D.L. Corbett J.

COUNSEL: Paul Robson, for the Moving Party Carolyn J. Chambers, for the Responding Party

DATE: August 26, 2020

Case Management Endorsement

[1] This endorsement reflects a case management teleconference held on August 26, 2020.

[2] The order of Nachonechny J. provided that the appellant leave the matrimonial home by August 24, 2020. By email from counsel to the Divisional Court dated August 20, 2020, the moving party advised that she wished to seek leave to appeal, an extension of time in which to seek leave to appeal, and a stay pending appeal of the order of Nachonechny J.

[3] I am not sanguine that the delay to August 20th can be explained by COVID-19 issues and confusion over proper routes of appeal but I conclude that the shortest distance between two points is, in this situation, a straight line. Deadlines have been suspended temporarily during COVID-19, so an order extending the time is not required. There will be no prejudice to the respondent of a short delay implementing the order of Nachonechny J.: the moving party indicated that motion materials for the motion for leave to appeal could be served tomorrow; the respondent can provide responding materials promptly. The motion for leave can be placed before a panel for decision quickly and that will dispose of the issue, one way or the other. If leave is granted then it will follow that the underlying order should be stayed pending the appeal. If leave is not granted then, of course, the order of Nachonechny J. will be in effect.

[4] Order to go as follows:

(a) Staying the order of Nachonechny J. until the final disposition of the motion for leave to appeal or further order of this court;

(b) Requiring the moving party to serve her motion materials for the motion for leave to appeal by 3:00 pm, August 31, 2020, such service to be effected by email to counsel for the respondent;

(c) Requiring the responding party to serve his responding materials for the motion for leave to appeal by 3:00 pm, September 4, 2020.

[5] The motion for leave to appeal will be placed before a panel of three judges of the Divisional Court during the week of September 8, 2020, or as soon thereafter as practicable. As explained during the teleconference, there are no oral arguments on the motion for leave to appeal, and the panel ordinarily delivers its decision on the motion without reasons. The parties may expect a decision on the leave motion during the week of September 8th or the week of September 15th.

[6] Motion materials shall be delivered to the court by email. All documents shall be in pdf format. Where possible, factums should contain hyperlinks to online databases for authorities. Books of authorities should not be filed excepting only for authorities not found on online databases. Parties should include their claims for costs of the motion for leave to appeal in their motion materials or in a separate document.

[7] Parties are required to file one paper copy of any document filed for the motion once the suspension of ordinary court operations is lifted, and to pay any applicable court fees.

[8] The court has endorsed its fiat on this endorsement this day; the unsigned version distributed to the parties today has the authority and effect of the signed version, a copy of which will be provided to the parties in due course after the suspension of ordinary court operations is lifted.

D.L. Corbett J.

Date: August 26, 2020