Debono v. Debono, 2021 ONSC 3472

SCJ FILE NO: 03-027/19

DIVISIONAL COURT FILE NOS.: 308/21

DATE: 20210507

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: JOSEPH DEBONO and GEORGE DEBONO, Applicants

AND:

CARMEN DEBOBO, MARILYN MARCHANT (DEBONO), ELIZABETH MUSCAT (DEBONO), JENNIFER NESCI (DEBONO), DAVID DEBONO, JCD PROPERTY LTD., JCD INC., and THE PUBLIC GUARDIAN AND TRUSTEE, Respondents

BEFORE: D.L. Corbett, Matheson and Favreau JJ.

COUNSEL: Ian M. Hull, for the Applicants

C. David Freedman, for Elizabeth Muscat (Debono), Jennifer Nesci (Debono) and David Debono

Lorne Silver and Joseph Hamaliuk, for Carmen Debono

Clare Burns and Claire McNevin, for Carmen Debono

HEARD: In writing

ENDORSEMENT

[1] This endorsement addresses three motions for leave to appeal brought from interlocutory decisions of C. Gilmore J., the case management judge in this proceeding.

[2] The motion for leave to appeal from the order of C. Gilmore J. dated April 13, 2021 (production of documents and related relief) is dismissed, with costs to the applicants from the moving parties Elizabeth Muscat (Debono), Jennifer Nesci (Debono) and David Debono fixed at $5,000, payable within fourteen days.

[3] The motion for leave to appeal from the order of C. Gilmore J. dated April 18, 2021 (order for an assessment of capacity to instruct counsel), and for an order staying that order pending appeal, is granted, without costs. The stay shall be in effect pending final disposition of the appeal in this court or further order of the Divisional Court.

[4] The motion for leave to appeal the order of C. Gilmore J. dated April 18, 2021 (suspension of appointment of counsel by Carmen Debono pending assessment) is dismissed, without costs.

[5] The parties shall schedule a case management teleconference with D.L. Corbett J. for May 14, 2021 to schedule exchange of appeal materials with a view to arguing the appeal on May 26, 2021.

D.L. Corbett J.

Matheson J.

Favreau J.

Date: May 11, 2021