Court File and Parties

CITATION: Hevey v. Hevey, 2023 ONSC 453

DIVISIONAL COURT FILE NO.: 542/22

DATE: 20230117

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: LYNNE MARIE HEVEY, Respondent in Appeal / Applicant

AND:

CHARLES JAMES HEVEY, Appellant / Respondent

BEFORE: Leiper J.

COUNSEL: Aaron Drury, for the Responding Party, Lynne Marie Hevey

Robert Haas, for the Appellant / Respondent, Charles James Hevey

HEARD at Toronto: January 17, 2023, at Toronto, by videoconference

Endorsement

[1] Charles James Hevey brought a motion for leave to extend the time to file a motion for leave to appeal the interlocutory order of the Honourable Justice Desotti, dated June 27, 2022, and released to the parties on September 2, 2022.

[2] On the return of this motion, counsel conferred on the chronology of events following the release of Justice Desotti’s order. They agreed that although the parties seemed to assume that the motion for leave to appeal was served and filed late, on closer examination of the chronology, Mr. Hevey’s motion for leave to appeal was served and filed within the time provided by the Rules of Civil Procedure. Accordingly, counsel jointly submitted that the motion for leave to extend time is not necessary.

[3] On consent of the counsel for Ms. Hevey, Mr. Hevey’s motion for leave to extend time is withdrawn. The motion for leave to appeal the order of Justice Desotti may be scheduled in accordance with the Rules. Any costs arising from the steps taken by the parties to prepare for this motion are reserved to the panel considering the motion for leave to appeal or as otherwise agreed between counsel.

[4] At the request of counsel I direct that a case conference be convened for the related Divisional Court matters concerning Mr. Hevey and Ms. Hevey (Files 542/22 and 690/22). This will enable efficient scheduling.

Leiper J.

Date: January 17, 2023