Court File and Parties

CITATION: Bourke v. Davis, 2021 ONSC 124

DIVISIONAL COURT FILE NO.: 677/20

DATE: 2021-01-06

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Darcy Bourke, Appellant AND: Jennifer Davis, Respondent

BEFORE: Favreau J.

COUNSEL: Michael J. Stangarone, for the Appellant Richard Noll, for the Respondent

Endorsement

[1] The appellant seeks to appeal a final order made by Broad J. dated December 16, 2020, dealing with issues of custody and mobility. The decision was made under the Divorce Act, R.S.C. 1985, c.3. As held in Young v. Vanleer, 2020 ONSC 3606 (Div. Ct.), a final order made under the Divorve Act, even if it was made by the Family Court, is to be appealed to the Court of Appeal.

[2] I held a case conference with counsel on January 5, 2021, at which time I raised the jurisdictional issue. I gave counsel the opportunity to address the issue by making written submissions. Counsel contacted the Court following the case conference to advise that they agreed that the Divisional Court does not have jurisdiction over this appeal.

[3] There is some urgency to the appeal given that the respondent intends to relocate the children to Washington State later this month. Given the urgency and that counsel for the respondent does not object, I make an order transferring this appeal to the Court of Appeal pursuant to section 110(1) of the Courts of Justice Act, R.S.O. 1999, c.43..

Favreau J.

Date: January 6, 2021