Lafreniere v. Lafreniere
The issues raised principally related to an earlier order of Dunbar J. from which no appeal was taken; because the appeal amounted to a collateral attack on that unappealed order and there was nothing properly before the Court on those points, the appeal was dismissed.
Source-derived case information.
- Citation
- C40682
- Parties
- Appellant: Gina K. Lafreniere; Respondent: P. Douglas Lafreniere
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 March 2004
- Procedural Posture
- Family / Appeal to Court of Appeal for Ontario; Heard and Endorsed March 3, 2004; Appeal From Orders of Superior Court (byers J. and Earlier Dunbar J. Matters)
- Outcome
- Appeal dismissed.
- Legal Topics
- Pension Valuation, Disclosure of Employee Benefits, Settlement Conference, Collateral Attack on Prior Order, Appealability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gina K. Lafreniere
Appellant
P. Douglas Lafreniere
Respondent
Procedural Posture
Family / Appeal to Court of Appeal for Ontario; Heard and Endorsed March 3, 2004; Appeal From Orders of Superior Court (byers J. and Earlier Dunbar J. Matters)
Legal Issues
- 1 Whether the Court of Appeal should decide pension valuation issues
- 2 Whether disclosure of the respondent's employee benefits should be ordered
- 3 Whether the matter should be remitted for a further settlement conference
Ratio Decidendi
The issues raised principally related to an earlier order of Dunbar J. from which no appeal was taken; because the appeal amounted to a collateral attack on that unappealed order and there was nothing properly before the Court on those points, the appeal was dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Lafreniere v. Lafreniere Collection Decisions of the Court of Appeal Date 2004-03-04 Docket numbers C40682 Judges Gillese, Eileen E.; Armstrong, Robert Patrick; Blair, Robert Ashley Subject Family Decision Content DATE: 20030304 DOCKET: C40682 COURT OF APPEAL FOR ONTARIO RE: GINA K. LAFRENIERE (Appellant) - and - P. DOUGLAS LAFRENIERE (Respondent) BEFORE: GILLESE, ARMSTRONG and BLAIR JJ.A. COUNSEL: Gina K. Lafreniere in-person P. Douglas Lafreniere in-person HEARD & ENDORSED: March 3, 2004 On appeal from the order of Justice Richard G. Byers of the Superior Court of Justice dated August 25, 2003. APPEAL BOOK ENDORSEMENT [1] This is an appeal from the order of Byers J. dated October 23, 2003. The matters that the appellant asks this court to address - namely, pension valuation, disclosure of the respondent's employee benefits and remitting the matter for a further settlement conference - relate, in the main, to the order of Dunbar J. dated February 15, 2002 from which no appeal was taken. [2] This appeal cannot be used as a collateral attack on the order of Dunbar J. There being nothing raised in the appeal which is properly before us, the appeal is dismissed. No order as to costs.