Court File and Parties

CITATION: Alaycheh v. Alaycheh 2021 ONSC 1251

COURT FILE NO.: DC-20-849-ML

DATE: 20210226

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: RANIA EID ALAYCHEH, Applicant/Respondent in Appeal

AND:

TALEB MUSTAFA ALAYCHEH, Respondent/Respondent in Appeal

AND:

KAMAL ALAYCHEH, Respondent/Moving Party in Appeal, Appellant

BEFORE: Pattillo, Lederer and Charney JJ.

COUNSEL: Michael P. Clarke, for the Applicant/Respondent in Appeal Gary S. Joseph, for the Respondent/Respondent in Appeal Deborah L. Ditchfield, for the Respondent/Moving Party in Appeal, Appellant

HEARD: In Writing

Endorsement

[1] The respondent, Kamal Alaycheh (the “Moving Party”) seeks leave to appeal from the order of Lafrenière J. (the “Motion Judge”) dated January 20, 2020 requiring him to disclose certain information (the “Order”).

[2] The record before us indicates that in addition to the Moving Party’s leave to appeal motion, he has also brought a motion returnable before the Motion Judge to correct a mistake in the Order concerning the disclosure pursuant to rule 25(19)(b) of the Family Law Rules (the “Motion”).

[3] In response to the court’s inquiry as to the status of the Motion, counsel advised that it has not yet been scheduled.

[4] In the circumstances and given the Motion deals with the portion of the Order the Moving Party seeks leave to appeal from, we are of the view that the leave to appeal motion is premature and should not be heard until after the Motion has been decided and the Order finalized.

[5] Accordingly, the leave to appeal motion is adjourned. Counsel are directed to arrange a case management conference with the Divisional Court Administrative Judge once the Motion has been decided in order to schedule next steps.

___________________________ Pattillo J.

___________________________ Lederer J.

___________________________ Charney J.

Released: February 26, 2021