Schwilgin v. Szivy

Schwilgin v. Szivy

The Panel dismissed the review motion because Brown J.A. correctly applied the governing principles for an extension of time, reasonably found the delay unexplained, was not persuaded of the appeal's merit, and properly concluded the justice of the case favored refusal; the adjournment was denied for lack of adequate evidence and costs of $1,000 were awarded to the respondent.

Citation
2017 ONCA 78
Parties
Moving Party (appellant in Appeal): Laszlo Schwilgin; Respondent (respondent in Appeal): Lori Anne Szivy
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 January 2017
Procedural Posture
Matrimonial (family) Appeal Extension of Time to Appeal / Motion to Review Interlocutory Court of Appeal Order (in Chambers Order) and Adjournment Request
Outcome
Review motion dismissed; adjournment denied; costs awarded to respondent.
Legal Topics
Extension of Time, Motion to Review, Adjournment, Costs
Source Language
English
Family Law Civil Procedure Appeal Extension of Time Motion to Review Adjournment Costs

Case Brief

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Parties

Laszlo Schwilgin

Moving Party (appellant in Appeal)

Lori Anne Szivy

Respondent (respondent in Appeal)

Procedural Posture

Matrimonial (family) Appeal Extension of Time to Appeal / Motion to Review Interlocutory Court of Appeal Order (in Chambers Order) and Adjournment Request

Legal Issues

  1. 1 Whether an extension of time to file a notice of appeal should be granted
  2. 2 Whether the in-chambers order of Brown J.A. dismissing the extension motion should be set aside on review
  3. 3 Whether the adjournment request should be granted for lack of counsel and illness

Ratio Decidendi

The Panel dismissed the review motion because Brown J.A. correctly applied the governing principles for an extension of time, reasonably found the delay unexplained, was not persuaded of the appeal's merit, and properly concluded the justice of the case favored refusal; the adjournment was denied for lack of adequate evidence and costs of $1,000 were awarded to the respondent.

Court Disposition

Review motion dismissed; adjournment denied; costs awarded to respondent.

Orders

  • Review motion dismissed.
  • Adjournment request denied.