Court File and Parties

CITATION: Smetana v. Slijboom 2023 ONSC 3852

DIVISIONAL COURT FILE NO.: 23-061-ML

DATE: 20230630

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: MONIKA SMETANA, Moving Party

AND: TYLER SLIJBOOM, Responding Party

BEFORE: D.L. Corbett, Trimble and Schabas JJ.

COUNSEL: No materials filed

HEARD: in writing

Endorsement

[1] This motion for leave to appeal was originally scheduled to be heard in writing the week of May 8, 2023. The moving party failed to file her materials as ordered by the case management judge but sent an email explaining her delay. A panel of this court adjourned the motion for leave to appeal on the following terms (among others) (2023 ONSC 2729).

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.

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

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.

[2] Ms Smetana did not serve, file and upload her materials to CaseLines by June 16, 2023.

[3] On June 21, 2023, at the direction of the President of this panel, court staff directed the parties as follows:

Reminder:

The hearing date for the above-cited matter is fast approaching and you are therefore reminded that your materials should have been uploaded to CaseLines, per the endorsement by the panel of this court.

Note: In May the panel ordered that the moving party's materials be served and uploaded to CaseLines by June 2, 2023, failing which the court may dismiss the motion for leave to appeal. If the moving party has not served materials, she is asked to explain, by email, immediately, why the motion for leave to appeal ought not be dismissed for failing to meet court-ordered deadlines, or be dismissed as abandoned.

[4] The moving party responded by email on June 21, 2023 as follows;

When is the last court date?

[5] Staff replied as follows, also on June 21, 2023:

Hello Ms. Smetana,

Further to the reminder email below, you are to respond to the court's prior direction immediately.

The court’s prior direction, was set included with staff’s final message to the moving party.

[6] Ms Smetana did not respond further, she did not explain her failure to deliver her motion materials, and she did not give a reason that the motion for leave to appeal ought not be dismissed.

[7] In these circumstances, the motion for leave to appeal is dismissed for failure to comply with the court’s directions, without costs.

“D.L. Corbett J.”

“Trimble J.”

“Schabas J.”

Released: June 30, 2023