Ketelaars v. Ketelaars

Ketelaars v. Ketelaars

The appeal was quashed because the appellant had not exhausted available remedies in the Superior Court before seeking to appeal default orders to the Court of Appeal; the proper course is to pursue variation, change or setting aside in the Superior Court first. The quashal is without prejudice to pursuing Superior Court remedies, and costs were awarded to the respondent.

Citation
2011 ONCA 349
Parties
Applicant (respondent in Appeal): Beverley Maria Ketelaars; Respondent (appellant): William Peter Ketelaars
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 May 2011
Procedural Posture
Family / Appeal From Superior Court Default Orders (motion to Quash Appeal)
Outcome
Appeal quashed without prejudice to appellant's right to pursue remedies in the Superior Court; costs awarded to respondent.
Legal Topics
Default Judgment, Disclosure Obligations, Setting Aside Orders, Jurisdiction to Appeal, Costs
Source Language
English
Family Law Civil Procedure Appeals Default Judgment Disclosure Obligations Setting Aside Orders Jurisdiction to Appeal Costs

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Parties

Beverley Maria Ketelaars

Applicant (respondent in Appeal)

William Peter Ketelaars

Respondent (appellant)

Procedural Posture

Family / Appeal From Superior Court Default Orders (motion to Quash Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from default orders without the appellant first exhausting remedies in the Superior Court
  2. 2 Whether the appellant's failure to comply with disclosure and support obligations affects the appealability of the orders
  3. 3 Whether the appeal should be quashed and costs awarded

Ratio Decidendi

The appeal was quashed because the appellant had not exhausted available remedies in the Superior Court before seeking to appeal default orders to the Court of Appeal; the proper course is to pursue variation, change or setting aside in the Superior Court first. The quashal is without prejudice to pursuing Superior Court remedies, and costs were awarded to the respondent.

Court Disposition

Appeal quashed without prejudice to appellant's right to pursue remedies in the Superior Court; costs awarded to respondent.

Orders

  • Appeal quashed without prejudice to the appellant's right to pursue remedies in the Superior Court.
  • Costs to the respondent fixed in the amount of $20,000 inclusive of applicable taxes.