The moving party brought a motion to dismiss the responding party's unperfected family law appeal and sought costs for both the appeal and the underlying Ontario Court of Justice (OCJ) trial.
The responding party consented to the dismissal of the appeal but opposed the costs requests.
The Superior Court dismissed the request to vary the OCJ trial judge's timeline for costs submissions, finding it lacked jurisdiction to amend the lower court's order on a motion.
However, the court granted the motion to dismiss the appeal and awarded the moving party $3,000 in costs for the appeal, noting the responding party filed the appeal solely to buy time and took no steps to perfect it, causing the moving party to incur unnecessary legal fees.
