Court File and Parties

CITATION: J.W.T. v. S.E.T, 2023 ONSC 2726

DIVISIONAL COURT FILE NO.: 23-123-ML

DATE: 20230509

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: J.W.T. (Applicant / Responding Party)

AND: S.E.T. (Respondent / Moving Party)

BEFORE: Pierce, D.L. Corbett and O’Brien JJ.

COUNSEL: Rachel Zweig, for the Applicant / Responding Party

Liam Cardill, for the Respondent / Moving Party

HEARD: in writing

Endorsement

[1] The motion for leave to appeal the order of Bennett J. dated February 8, 2023 (2023 ONSC 977) is granted, with costs fixed at $2,500.00, inclusive, payable in the discretion of the appeal panel.

[2] The hearing of this appeal shall be expedited on the following terms:

a. The appellant shall serve their Notice of Appeal and D2 form and provide them to the court by May 19, 2023, and shall serve all the rest of their appeal materials by June 2, 2023.

b. The respondent shall serve all their responding materials by June 30, 2023.

c. The parties shall upload all their appeal materials to CaseLines, including costs materials, by June 30, 2023.

d. If the respondent brings their contemplated motion to stay the appeal pending proceedings before the Supreme Court of Canada in J.N. v. C.G., 2023 ONCA 77, they shall bring that motion returnable before the appeal panel, and shall follow the following schedule:

i. The respondent’s motion materials shall be served by June 2, 2023;

ii. The appellant’s responding motion materials shall be served by June 30, 2023;

iii. The parties shall upload all their motion materials to CaseLines, including costs materials, by June 30, 2023.

e. If the respondent does not bring the contemplated stay motion, they shall so advise the appellant and the court, by email, by June 2, 2023. If the respondent does bring the contemplated stay motion, that motion for a stay shall be heard by a panel of the Divisional Court for an estimated 1.0 hour on July 13, 2023.

f. The appeal shall be heard by a panel of the Divisional Court for an estimated 0.5 days on July 13, 2023, unless the panel directs otherwise.

[3] The appellant shall take all reasonable steps to obtain an issued and entered order reflecting the decision of Bennett J. and upload a copy of that order to CaseLines prior to the hearing of the appeal. If there are difficulties or delays in obtaining the issued and entered order, the appellant should so advise this panel, by email to the court, and the panel shall assist in expediting obtaining the issued and entered order.

“Pierce J.”

“D.L. Corbett J.”

“O’Brien J.”

Released: May 9, 2023