Nowlan v. Monsour

Nowlan v. Monsour

The Court exercised its scheduling and case-management authority to adjourn the appeal to February 13, 2023, imposed a deadline of February 1, 2023 for all materials including a five‑page appellant reply factum, and awarded the respondent $2,500 as all‑inclusive costs for attendance thrown away by the appellant.

Source-derived case information.

Citation
2023 ONCA 72
Parties
Applicant (respondent): Angela Jane Nowlan; Respondent (appellant): Eli Monsour
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 February 2023
Procedural Posture
Family Appeal / Court of Appeal Oral Scheduling Decision
Outcome
Appeal adjourned to February 13, 2023; filing deadline set; costs awarded to respondent.
Legal Topics
Scheduling, Costs, Filing Deadlines, Adjournment
Source Language
english
Family Law Civil Procedure Appeal Scheduling Costs Filing Deadlines Adjournment

Source-derived case record

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Parties

Angela Jane Nowlan

Applicant (respondent)

Eli Monsour

Respondent (appellant)

Procedural Posture

Family Appeal / Court of Appeal Oral Scheduling Decision

Legal Issues

  1. 1 Whether to adjourn and reschedule the appeal
  2. 2 Whether to permit the appellant to file a late reply factum and set its length
  3. 3 Whether to award costs for attendance thrown away

Ratio Decidendi

The Court exercised its scheduling and case-management authority to adjourn the appeal to February 13, 2023, imposed a deadline of February 1, 2023 for all materials including a five‑page appellant reply factum, and awarded the respondent $2,500 as all‑inclusive costs for attendance thrown away by the appellant.

Court Disposition

Appeal adjourned to February 13, 2023; filing deadline set; costs awarded to respondent.

Orders

  • Appeal adjourned to February 13, 2023.
  • All materials necessary for the hearing, including the appellant's reply factum, to be filed no later than February 1, 2023; the reply factum to be no longer than five pages.