Court File and Parties

CITATION: Sabijan v. Sabijan, 2021 ONSC 5872

DIVISIONAL COURT FILE NO.: 515/21

DATE: 20210902

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: DEVORRA SABIJAN, Applicant (Responding Party)

AND: kRESO sABIJAN, Respondent (Moving Party)

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

COUNSEL: Heather R. Caron, for the Applicant (Responding Party)

Respondent (Moving Party) self-represented

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to extend the time to seek leave to appeal the order of Gordon J. dated May 18, 2021 is granted. The moving party had the requisite intention to appeal the order, as shown by his notice of appeal dated May 26, 2021, albeit brought using the wrong procedure. Further, his motion for leave to appeal has sufficient merit given the issue of whether the grounds for the security for costs order were met and given the important consequences of the order as set out in the related order of Gordon J. dated June 9, 2021. Under these orders, the moving party’s answer was struck out and the upcoming trial would proceed on an uncontested basis.

[2] The motion for leave to appeal from the order of Gordon J. dated May 18, 2021 is granted.

[3] The orders of Gordon J. dated May 18, 2021 and June 9, 2021 shall be stayed pending disposition of the appeal or further order of this court.

[4] There shall be no costs of the appeal steps thus far, including the above motions.

[5] The parties shall promptly schedule a case conference to schedule the appeal.

D.L. Corbett J.

Matheson J.

Kristjanson J.

Date: September 2, 2021