Ash v. Ontario (Chief Medical Officer)
The motion judge correctly stated and applied the legal test for extensions of time under s.7(5) CJA; the exercise of discretion was reasonable on the facts (no timely intention to appeal, potential prejudice, and lack of merit), therefore the motion to set aside was dismissed.
Source-derived case information.
- Citation
- 2024 ONCA 921
- Parties
- Applicant: Jordan Ash; Respondent: Chief Medical Officer of Health of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 December 2024
- Procedural Posture
- Civil / Motion to Set Aside Single Judge Order Under S.7(5) Courts of Justice Act (extension of Time to Seek Leave to Appeal)
- Outcome
- Motion dismissed
- Legal Topics
- Extension of Time, Leave to Appeal, Discretionary Judicial Discretion, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jordan Ash
Applicant
Chief Medical Officer of Health of Ontario
Respondent
Procedural Posture
Civil / Motion to Set Aside Single Judge Order Under S.7(5) Courts of Justice Act (extension of Time to Seek Leave to Appeal)
Legal Issues
- 1 Whether applicant formed intention to appeal within requisite time
- 2 Whether respondent would be prejudiced by granting an extension of time
- 3 Whether the proposed application had sufficient merit to justify an extension of time
Ratio Decidendi
The motion judge correctly stated and applied the legal test for extensions of time under s.7(5) CJA; the exercise of discretion was reasonable on the facts (no timely intention to appeal, potential prejudice, and lack of merit), therefore the motion to set aside was dismissed.
Court Disposition
Motion dismissed
Orders
- Motion dismissed
- Applicant to pay costs of $2,000 to the respondent, all-inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Ash v. Ontario (Chief Medical Officer) Collection Decisions of the Court of Appeal Date 2024-12-17 Neutral citation 2024 ONCA 921 Docket numbers COA-24-OM-0266, M55512 Judges Fairburn, J. Michal; Trotter, Gary T.; Zarnett, Benjamin Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ash v. Ontario (Chief Medical Officer), 2024 ONCA 921 DATE: 20241217 DOCKET: M55512 (COA-24-OM-0266) Fairburn A.C.J.O., Trotter and Zarnett JJ.A. BETWEEN Jordan Ash Applicant (Moving Party) and Chief Medical Officer of Health of Ontario Respondent (Responding Party) Jordan Ash, acting in person Vanessa Glaser and Michael Saad, for the responding party Heard and released orally: December 9, 2024 REASONS FOR DECISION [1] The applicant brings a motion pursuant to s. 7(5) of the Courts of Justice Act, R.S.O. 1990, c. C.43, to set aside an order of a single judge who denied a motion for an extension of time to bring a motion for leave to appeal from a Divisional Court decision. [2] The applicant says the motion judge erred in concluding that: 1. He did not form the intention to appeal in the requisite time; 2. The respondent would be prejudiced by granting the extension of time; and 3. The proposed application had little to no merit. [3] We have reviewed the reasons of Favreau J.A. We see no error in her statement of the legal test for an extension of time, or in her application of that test. Her exercise of discretion was reasonable. This motion has no merit. The motion is dismissed. [4] Costs will be ordered in the amount of $2,000, all-inclusive to be paid to the respondent. “Fairburn A.C.J.O.” “Gary Trotter J.A.” “B. Zarnett J.A.”