Johnson v. Johnson

Johnson v. Johnson

Because this was a lengthy, fact‑specific family law trial with multiple witnesses and the appellant’s grounds implicate findings of fact and credibility, transcripts of all oral evidence and oral rulings are necessary. The appellant was granted a short, conditional period to demonstrate that transcription will proceed (including partial payment); failure to comply will permit the respondent to move to dismiss the appeal for delay; if compliance occurs, normal perfection timelines will apply.

Citation
2026 ONCA 189
Parties
Applicant (respondent): Erin Kathryn Johnson; Respondent (appellant): Bradley William Johnson
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 March 2026
Procedural Posture
Appeal (family Law) / Case Management (transcript Production/perfection)
Outcome
Transcripts required; appellant given conditional deadline to order and partially pay for transcripts or respondent may move to dismiss appeal for delay.
Legal Topics
Transcripts, Perfection of Appeal, Dismissal for Delay, Security for Costs, Parenting Orders, Child Support, Best Interests of the Child
Source Language
English
Family Law Civil Procedure Transcripts Perfection of Appeal Dismissal for Delay Security for Costs Parenting Orders Child Support +1 more

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Parties

Erin Kathryn Johnson

Applicant (respondent)

Bradley William Johnson

Respondent (appellant)

Procedural Posture

Appeal (family Law) / Case Management (transcript Production/perfection)

Legal Issues

  1. 1 Whether appellant may perfect the appeal without filing transcripts
  2. 2 Whether transcripts are necessary given the nature of the grounds of appeal (findings of fact and credibility)
  3. 3 Whether appeal should be dismissed for delay under r.61.13(1)(a)

Ratio Decidendi

Because this was a lengthy, fact‑specific family law trial with multiple witnesses and the appellant’s grounds implicate findings of fact and credibility, transcripts of all oral evidence and oral rulings are necessary. The appellant was granted a short, conditional period to demonstrate that transcription will proceed (including partial payment); failure to comply will permit the respondent to move to dismiss the appeal for delay; if compliance occurs, normal perfection timelines will apply.

Court Disposition

Transcripts required; appellant given conditional deadline to order and partially pay for transcripts or respondent may move to dismiss appeal for delay.

Orders

  • Appellant shall, by March 20, 2026, file proof with the Registrar that he has directed the transcriptionist to proceed with preparation of transcripts of all oral evidence and oral rulings for the appeal
  • Appellant shall, by March 20, 2026, file proof that the transcriptionist has agreed to proceed