Canada Judgment

Court of Appeal for Ontario

Clarke v. Denyes

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The motion judge applied the correct legal test and reasonably exercised his discretion by refusing to extend time because the appeal had little merit, there was a significant five-month delay, and further delay would prejudice the children; the Court of Appeal dismissed the motion and refused to set aside the order.

Court disposition

Motion dismissed

Orders

  • Motion dismissed with costs to the respondent in the amount of $2,000 inclusive of taxes and disbursements
  • Order of the motion judge denying extension of time to file a Notice of Appeal is upheld

02

Material facts

Parties

Harry James Clarke

Applicant (respondent/responding Party) Counsel: Julie Stanchieri; David Rappaport

Melissa Joy Denyes

Respondent (appellant/moving Party) Counsel: acting in person

Amounts and remedies

  • Trial Costs Awarded to Respondent: CAD 400,000
  • Costs Awarded on Motion: CAD 2,000

03

Procedural history

  1. Posture

    Family / Application to Set Aside Order Denying Extension of Time to File Notice of Appeal (motion Before Court of Appeal)

04

Questions and positions

Legal issues

Party arguments

Applicant
The moving party sought an extension of time to file a Notice of Appeal and asked the panel to set aside the motion judge's refusal, arguing grounds for extension despite delay.
Respondent
The respondent opposed extension, arguing the proposed appeal had little merit, there was a significant five-month delay, and further delay would prejudice the children and disrupt the parenting schedule; costs order at trial reinforced lack of merit.

05

Court’s reasoning

  1. 01

    Courts of Justice Act, R.S.O. 1990, c. C.43, s.7(5); Weidenfeld v. Weidenfeld, 2022 ONCA 860

    A panel may interfere with a motion judge's exercise of discretion under s.7(5) only if the judge failed to identify applicable principles, erred in principle, or reached an unreasonable result.

  2. 02

    Collins v. Tiveron, 2024 ONCA 447, para.13

    In child-related proceedings the overarching consideration in extension applications is whether the extension would be in the children's best interests.

  3. 03

    Weidenfeld v. Weidenfeld, 2022 ONCA 860; motion judge reasons

    Relevant considerations for extending time include length of delay, merits of the proposed appeal, and prejudice to parties (including children); deference is owed to the motion judge's discretionary assessment.

06

Ratio, limits and disposition

Ratio decidendi

The motion judge applied the correct legal test and reasonably exercised his discretion by refusing to extend time because the appeal had little merit, there was a significant five-month delay, and further delay would prejudice the children; the Court of Appeal dismissed the motion and refused to set aside the order.

Obiter and limits

  • Deference to the motion judge on discretionary relief is required absent error in principle or unreasonable result.
  • The best interests of the children principle is decisive in assessing extensions affecting parenting arrangements.

Court disposition

Motion dismissed

  • Motion dismissed with costs to the respondent in the amount of $2,000 inclusive of taxes and disbursements
  • Order of the motion judge denying extension of time to file a Notice of Appeal is upheld

Source and reliance status

Court of Appeal for Ontario · 27 February 2026

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Court of Appeal for Ontario

Judgment· 27 February 2026

2026 ONCA 143

Clarke v. Denyes Collection Decisions of the Court of Appeal Date 2026-02-27 Neutral citation 2026 ONCA 143 Docket numbers COA-25-OM-0273, M56300 Judges Trotter, Gary T.; Monahan, Patrick J.; Dawe, Jonathan Subject Family Decision Content

COURT OF APPEAL FOR ONTARIO CITATION: Clarke v. Denyes, 2026 ONCA 143 DATE: 20260227 DOCKET: M56300 (COA-25-OM-0273) Trotter, Monahan and Dawe JJ.A.

BETWEEN Harry James Clarke Applicant (Respondent/Responding Party) and Melissa Joy Denyes Respondent (Appellant/Moving Party) Melissa Joy Denyes, acting in person Julie Stanchieri and David Rappaport, for the respondent/responding party Heard: in writing On review of the order of Justice Grant Huscroft of the Court of Appeal for Ontario, dated August 28, 2025.

REASONS FOR DECISION [1] The moving party seeks to set aside the order of the motion judge denying her motion for an extension of time to file a Notice of Appeal. [2] This proceeding arises from a trial decision involving high-conflict family litigation. The respondent was successful on nearly all major issues. The trial judge awarded costs to the respondent in the amount of $400,000. [3] A panel of this court may interfere with an order under s. 7(5) of the Courts of Justice Act, R.S.O. 1990, c. C.43, if the motion judge failed to identify the applicable legal principles, erred in principle, or reached an unreasonable result: Weidenfeld v. Weidenfeld, 2022 ONCA 860, at para. 11, leave to appeal refused, [2023] S.C.C.A. No. 27. [4] The motion judge applied the correct legal test and his discretionary decision not to extend time to file a Notice of Appeal is entitled to deference. In reaching his decision, the motion judge recognized that “[t]he overarching consideration in cases affecting the rights of children is whether the extension of time would be in the children’s best interests”. See e.g., Collins v. Tiveron, 2024 ONCA 447, 2 R.F.L. (9th) 257, at para. 13. [5] The moving party has not identified any error in principle in the motion judge’s analysis of the relevant considerations, particularly that the appeal has little merit, the significant five-month delay in filing the Notice of Appeal, and the continuing uncertainty over the parenting schedule that would be prejudicial to the children. [6] The motion is dismissed with costs to the respondent in the amount of $2,000, inclusive of taxes and disbursements. “Gary Trotter J.A.” “P.J. Monahan J.A.” “J. Dawe J.A.”

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Weidenfeld v. Weidenfeld, 2022 ONCA 860

Case cited

Collins v. Tiveron, 2024 ONCA 447

Case cited

Courts of Justice Act, R.S.O. 1990, c. C.43, s.7(5)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.