SUPERIOR COURT OF JUSTICE

(ONTARIO DIVISONAL COURT)

COURT FILE NO.: 47386-13
DATE: 2014-12-18

RE: Kimberley Murray, Applicant

AND:

Mark Murray, Respondent

BEFORE: The Honourable Justice P.J. Flynn

COUNSEL:
Paul D. Amey, Counsel for the Applicant

Aaron Franks / Michael Zalev, Counsel for the Respondent

HEARD: December 15, 2014

ENDORSEMENT

[1] The Respondent husband seeks leave to appeal the temporary Order of Taylor J. dated October 23, 2014.

[2] That Order is procedural and deals with filing, questioning and mainly with refusals to answer undertakings. The order has not yet been taken out.

[3] Leave to appeal interlocutory Orders is rarely granted – so rarely that Rule 62.02(7) of the Rules of Civil Procedure requires a judge granting leave to give brief reasons in writing – but not a judge denying leave.

[4] I am denying leave.

[5] Neither test set out in Rule 62.02(4)(a) nor 62.02(4)(b) has been passed in this case.

[6] The test in those subparagraphs is disjunctive. But the branches within them are conjunctive.

[7] As to 62.02(4)(a), I find that Campbell J.’s consent Order of January 21, 2014, is not “a conflicting decision”. And, in any event, it is not desirable to me that leave be granted.

[8] As regards the test in 62.02(4)(b) whether or not I have any reason to doubt the correctness of Taylor J.’s Order (the Order in dispute here), the proposed appeal of that Order does not involve matters of such public importance that leave should be granted (in spite of the Respondent’s creative argument about expanding the scope of the cultural shift in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 to the realm of temporary motions in the Family Court).

[9] This is a procedural matter between two warring family litigants!

[10] This motion is dismissed.

[11] I will fix costs after receiving and reviewing the parties’ costs submissions following these directions:

(i) on or before January 16, 2015, the Applicant shall deliver to me at my Kitchener chambers her Costs Outline, augmented by no more than two pages, together with her Bill of Costs and any relevant Offer(s); and

(ii) on or before January 30, 2015, the Respondent shall do the same with the same limitations as to size.

P.J. Flynn J.

Released: 18 December 2014