CITATION: Dixon v. Lindsay, 2020 ONSC 5629
COURT FILE NOS.:
DATE: 20200918
SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT
RE: Dixon v. Lindsay
COUNSEL: Ms Dixon, self-represented Moving Party Stephen Codas and Courtney Palmer, for the Responding Party
BEFORE: D.L. Corbett J.
DATE: September 18, 2020
CASE MANAGEMENT ENDORSEMENT
[1] This endorsement reflects a case management teleconference conducted August 21, 2020.
[2] Ms Dixon’s motion for leave to appeal from the interlocutory decision of Hood J. dated July 16, 2020 shall be placed before the panel the week of October 19, 2020, or as soon thereafter as the motion may be heard.
[3] Justice Hood granted the responding party control of sale of the matrimonial home. The matrimonial home was ordered sold by Horkins J. on June 21, 2019. Justice Hood granted the responding party control of sale of the matrimonial home. Subsequently, the home was the subject of a binding agreement of purchase and sale with the sale scheduled to close on October 28, 2020. Ms Dixon advised during the call that she will not seek to have the APS set aside or the sale delayed if leave to appeal is granted.
[4] Ms Dixon indicated that she may also be seeking leave to appeal – and any necessary extensions in time to move for leave to appeal – for orders leading up to the order of Hood J. I explained to Ms Dixon that it appears that her proposed appeal will be moot when the sale closes on October 28th. She did not see it that way because of the costs awarded against her and comments made by Hood J. in his reasons.
[5] Ms Dixon’s motion materials shall be served by September 11, 2020. They shall address her motion for leave to appeal from the order of Hood J., and any request to extend the time to seek leave to appeal, and any request for leave to appeal, for any other order she is currently seeking to appeal before Divisional Court. The responding party’s materials shall be served by October 9, 2020. Counsel for the responding party shall establish a file sharing platform, shall place all motion materials in the file sharing platform, and shall provide the court with a link and password by October 14, 2020.
[6] All materials shall be in pdf format. Factums should also be in Word format. Costs materials shall be filed by the stipulated deadlines if costs of the motion have not been agreed.
[7] Ms Dixon asked for the motions to be heard orally. Motions for leave to appeal from the interlocutory decision of a Superior Court judge are heard in writing by a panel of three judges of the Divisional Court. There is no reason to depart from this practice in this case. The motion shall proceed in writing.
[8] These directions were all given to the parties orally at the case management teleconference and were effective from that time. This endorsement has been slower than usual getting out to the parties because of limited resources during August 2020 and an acute set of issues regarding landlord and tenant evictions. If the delay in releasing this endorsement has caused any issues for the motions for leave to appeal proceeding as scheduled, this should be raised with the court immediately by email.
[9] If leave to appeal is granted then the parties shall (a) try to agree on a schedule for exchange of appeal materials and scheduling of a return date for the appeal; and (b) forward their agreed schedule to the court for approval or, if the schedule cannot be agreed, schedule a case management teleconference with an administrative judge of the Divisional Court. These steps should be completed within two weeks of a decision granting leave to appeal.
D.L. Corbett J.
Date: September 18, 2020