Court File and Parties

Citation: Diallo v. Bah, 2025 ONSC 1786

Divisional Court File No.: 151/25 ML

Date: 2025-03-28

Superior Court of Justice – Ontario

Divisional Court

Re: Mamadou Diouma Diallo, Moving Party

And: Fatoumata Bah, Responding Party

Before: D.L. Corbett, Shore, and O’Brien JJ.

Counsel: B. Smith and Sarah Conlin, for the Moving Party Fatoumata Bah, Self-Represented

Heard: In-writing

Endorsement

[1] The motion for leave to appeal the decision of Shin Doi, J. dated February 24, 2025, is granted in respect to the issues stated below, with costs of $5,000 inclusive, payable in the discretion of the panel deciding the appeal.

[2] The issues to be addressed on appeal are as follows:

a. whether the motion judge erred in adjudicating the mobility issue on an interim basis, rather than as a motion for summary judgment or the trial of an issue;

b. whether, in light of the answer to question (a), the motion judge erred in the test applied and the process followed below; and

c. how the mobility issue ought to be addressed going forward in light of the answers to (a) and (b), above.

[3] The appeal shall be expedited. The parties shall schedule a case management conference before Shore J., who shall be the case management judge, by no later than April 4, 2025. The parties should come prepared to set a schedule for the exchange of appeal material and to set a date for the hearing of the appeal.

[4] The stay ordered by Shore J. is continued pending the appeal or other order of the court. The appellant, being the beneficiary of the stay, is required to move promptly, in accordance with this court’s direction to expedite this appeal; if the appellant fails to do so, the stay may be set aside or varied by the case management judge.

D.L. Corbett J

Shore J.

O’Brien J.

Released: March 28, 2025