CITATION: Smetana v. Slijboom, 2023 ONSC 2729

DIVISIONAL COURT FILE NO.: 23-061-ML

DATE: 20230512

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: MONIKA SMETANA, Moving Party

AND: TYLER SLIJBOOM, Respondent

BEFORE: Lococo, Leiper and Schabas JJ.

COUNSEL: Monika Smetana, self-represented

Juan A. Reina, for the Respondent

HEARD: In writing

ENDORSEMENT

[1] The motion by Monika Smetana for leave to appeal the order of Ramsay J. dated January 30, 2023 imposing sanctions for contempt was scheduled to be heard in writing during the week of May 8, 2023 or as soon after as it may be reached.

[2] At a case conference by telephone on February 22, 2023, Schabas J. directed that Ms. Smetana file the material required for the motion by April 10, 2023 and serve her material on counsel for Mr. Slijboom. Mr. Slijboom’s counsel had previously advised that Mr. Slijboom would not be responding to the motion for leave to appeal.

[3] Ms. Smetana has advised by email that she has broken her ankle and was delayed in preparing her motion material. In the circumstances, we are prepared to set a new timetable for the hearing of her motion.

[4] Ms. Smetana shall file the material required for her motion for leave to appeal by June 2, 2023. She is also to serve her materials on Mr. Slijboom’s counsel by that date. Responding material (if any) shall be filed by June 16, 2023. The parties shall provide their motion materials (including costs materials) to the court by uploading them to CaseLines as soon as they have served them.

[5] If Ms. Smetana fails to file, serve and upload her motion material as directed, the court may dismiss her motion without further notice.

[6] The parties are directed to the court's Notice to Profession dated April 19, 2022, as amended October 17, 2022, and are asked to follow the Notice in respect to (a) materials uploaded to CaseLines; (b) "filing" materials with the court; and (c) payment of court fees.

[7] The motion for leave to appeal shall be heard in writing by a panel of three judges of the Divisional Court the week of June 26, 2023 or as soon after as it may be reached.

Lococo J.

Leiper J.

Schabas J.

Released: May 12, 2023