Dyce v. Hubbard

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
Civil Procedure Appeal Preliminary Challenges Standard of Review on Appeal Costs

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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

  1. 1 Whether the judgment appealed from contained errors on the preliminary challenges raised by the appellant
  2. 2 Whether the judgment appealed from contained errors on the merits
  3. 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.