Dyce v. Hubbard
The Court found no error in the judgment appealed from on either the preliminary challenges or on the merits and dismissed the appeal; costs for counsel attending were fixed at $1,000 inclusive of disbursements and taxes.
Source-derived case information.
- Citation
- 2012 ONCA 553
- Parties
- Respondent (appellant): Wayne Dyce; Applicant (respondent): Megan Hubbard; Respondent (respondent): James Dyce
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 August 2012
- Procedural Posture
- Civil / Appeal From Superior Court of Justice (order Dated January 20, 2012); Heard August 22, 2012, Decision August 24, 2012
- Outcome
- Appeal dismissed
- Legal Topics
- Preliminary Challenges, Standard of Review on Appeal, Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wayne Dyce
Respondent (appellant)
Megan Hubbard
Applicant (respondent)
James Dyce
Respondent (respondent)
Procedural Posture
Civil / Appeal From Superior Court of Justice (order Dated January 20, 2012); Heard August 22, 2012, Decision August 24, 2012
Legal Issues
- 1 Whether the judgment appealed from contained errors on the preliminary challenges raised by the appellant
- 2 Whether the judgment appealed from contained errors on the merits
- 3 Whether costs should be fixed for counsel attending the appeal
Ratio Decidendi
The Court found no error in the judgment appealed from on either the preliminary challenges or on the merits and dismissed the appeal; costs for counsel attending were fixed at $1,000 inclusive of disbursements and taxes.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs to the respondent for counsel attending today fixed at $1000 inclusive of disbursements and taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Dyce v. Hubbard Collection Decisions of the Court of Appeal Date 2012-08-24 Neutral citation 2012 ONCA 553 Docket numbers C54966 Judges Goudge, Stephen Thomas; Gillese, Eileen E.; Armstrong, Robert Patrick Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Dyce v. Hubbard, 2012 ONCA 553 DATE: 20120824 DOCKET: C54966 Goudge, Gillese and Armstrong JJ.A. BETWEEN Wayne Dyce Respondent (Appellant) and Megan Hubbard Applicant (Respondent) and James Dyce Respondent (Respondent) Wayne Dyce, appearing in person Debora Batstone, for the respondents Heard: August 22, 2012 On appeal from the order of Justice Thomas J. McEwen of the Superior Court of Justice, dated January 20, 2012. APPEAL BOOK ENDORSEMENT [1] We see no error in the judgment appealed from, either on the preliminary challenges raised by the appellant or on the merits. [2] Appeal dismissed. Costs to the respondent for counsel attending today fixed at $1000 inclusive of disbursements and taxes.