CITATION: Vlasiu v. Saperia, 2021 ONSC 564

DIVISIONAL COURT FILE NO.: 539/20

DATE: 20210125

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: JENNIFER VLASIU, Moving Party/Respondent

AND: ADAM JARED SAPERIA, Responding Party/Appellant

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

COUNSEL: Ms. Vlasiu, self-represented

Ken Cole and Meaghan O’Connor, for the Responding Party

HEARD at Toronto in writing: December 23, 2020

DECISION ON MOTION FOR LEAVE TO APPEAL

[1] This endorsement reflects the decision of the Court released by email on December 23, 2020.

[2] Leave to appeal is denied on the basis that the impugned order is a final order under the Partition Act. Leave to appeal is not required. The appeal lies to this court as of right under the Partition Act. The case management endorsement to the contrary is in error.

[3] The court deems the appeal to have been commenced when the appellant contacted the court indicating her desire to appeal.

[4] The appellant may move for a stay, as she has indicated she wishes to do. To do this she should send an email to the court in which she sets out the deadline by which she will serve materials for her stay motion, and the deadline by which she will serve her appeal materials for the underlying appeal. An administrative judge of the Divisional Court will then give directions for scheduling the motion and the appeal.

[5] If the parties are able to agree upon a schedule for exchange of appeal materials, the appeal could be scheduled for January 13, 2021, sparing the parties the need to argue a motion for a stay.

[6] There shall be no order as to costs of the motion for leave to appeal.

D.L. Corbett J.

Penny J.

Favreau J.

Date: January 25, 2021