Macera v. Niagara Regional Police Service
The appeal was dismissed because the appellants had not paid the earlier costs award and had failed to comply with requirements to appoint counsel or validly file a notice of intention to act in person; the factual dispute about whether a notice was filed did not negate the undisputed non-payment and did not warrant...
Source-derived case information.
- Citation
- 2024 ONCA 756
- Parties
- Appellant: Giuseppe Macera; Appellant: Kiersten Chamilliard; Appellant: Parisino Anthony Macera; Appellant: Julia Margaret Macera (litigation guardian: Giuseppe Macera); Appellant: Jasmine Macera (litigation guardian: Giuseppe Macera); Respondent: Niagara Regional Police Service; Respondent: Regional Municipality of Niagara Police Services Board; Respondent: Jeffrey McGuire (Chief, Niagara Regional Police Service); Respondent: Jeffrey Leavens; Respondent: Michael Seguin; Respondent: Colin Pepperall; Respondent: Jay Alderson; Respondent: Barry Ravenek; Respondent: Neil White; Respondent: Micheal Overweg
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 October 2024
- Procedural Posture
- Civil / Appeal From Superior Court Order Dismissing Action for Procedural Non Compliance
- Outcome
- Appeal dismissed
- Legal Topics
- Dismissal for Non Payment of Costs, Notice of Intention to Act in Person, Self Representation, Failure to Comply With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Giuseppe Macera
Appellant
Kiersten Chamilliard
Appellant
Parisino Anthony Macera
Appellant
Julia Margaret Macera (litigation guardian: Giuseppe Macera)
Appellant
Jasmine Macera (litigation guardian: Giuseppe Macera)
Appellant
Niagara Regional Police Service
Respondent
Regional Municipality of Niagara Police Services Board
Respondent
Jeffrey McGuire (Chief, Niagara Regional Police Service)
Respondent
Jeffrey Leavens
Respondent
Michael Seguin
Respondent
Colin Pepperall
Respondent
Jay Alderson
Respondent
Barry Ravenek
Respondent
Neil White
Respondent
Micheal Overweg
Respondent
Procedural Posture
Civil / Appeal From Superior Court Order Dismissing Action for Procedural Non Compliance
Legal Issues
- 1 Whether dismissal of the action was appropriate for failure to pay previously ordered costs and failure to appoint counsel or file a notice of intention to act in person
- 2 Whether the appellants did in fact file the notice of intention to act in person or whether its loss excused non-compliance
- 3 Whether the appellate court should overturn the dismissal order
Ratio Decidendi
The appeal was dismissed because the appellants had not paid the earlier costs award and had failed to comply with requirements to appoint counsel or validly file a notice of intention to act in person; the factual dispute about whether a notice was filed did not negate the undisputed non-payment and did not warrant overturning the dismissal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Macera v. Niagara Regional Police Service Collection Decisions of the Court of Appeal Date 2024-10-10 Neutral citation 2024 ONCA 756 Docket numbers COA-24-CV-0086 Judges Simmons, Janet M.; Gillese, Eileen E.; Coroza, Steve A. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Macera v. Niagara Regional Police Service, 2024 ONCA 756 DATE: 20241010 DOCKET: COA-24-CV-0086 Simmons, Gillese and Coroza JJ.A. BETWEEN Giuseppe Macera, Kiersten Chamilliard, Parisino Anthony Macera, Julia Margaret Macera by her litigation guardian Giuseppe Macera, and Jasmine Macera by her litigation guardian Giuseppe Macera Plaintiffs (Appellants) and Niagara Regional Police Service, Regional Municipality of Niagara Police Services Board, Jeffrey McGuire as Chief of the Niagara Regional Police Service, Jeffrey Leavens, Michael Seguin, Colin Pepperall, Jay Alderson, Barry Ravenek, Neil White and Micheal Overweg Defendants (Respondents) Giuseppe Macera, acting in person Mickey Cruickshank, for the respondents Heard and Released Orally: October 9, 2024 On appeal from the order of Justice David L. Edwards of the Superior Court of Justice, dated November 20, 2023. REASONS FOR DECISION [1] The appellants appeal from a November 20, 2023 order dismissing their action and awarding costs of $7,000 for the motion and the action against them. [2] The dismissal order was premised on their failure to pay costs, and either appoint counsel or file a notice of intention to act in person after their lawyer obtained an order removing herself from the record. [3] There is a dispute concerning whether the appellants filed the necessary notice of intention to act in person, and whether it may have been lost. What is not in dispute is that the appellants have not paid the $4,095 in costs awarded on February 2, 2023, payable within 30 days. [4] The appeal is therefore dismissed. [5] There will be no order as to costs. “Janet Simmons J.A.” “E.E. Gillese J.A.” “S. Coroza J.A.”