Gordon v. McGuire
Perkins J. properly refused to extend time to appeal because the proposed appeal lacked merit; Curtis J. had jurisdiction to set aside her order under R.19.08 so the doctrine of functus officio did not apply; Rule 5(1)(a) of the Family Law Rules made Toronto an improper venue, and the transfer to London stands;...
Source-derived case information.
- Citation
- 2010 ONCA 795
- Parties
- Appellant: Joseph Alexander Gordon; Respondent: Ashley Margaret Kathleen McGuire
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 November 2010
- Procedural Posture
- Family / Appeal to Court of Appeal From Superior Court Decision Refusing to Extend Time to Appeal
- Outcome
- Appeals dismissed.
- Legal Topics
- Extension of Time to Appeal, Jurisdiction to Set Aside Orders, Functus Officio, Venue Under Family Law Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Alexander Gordon
Appellant
Ashley Margaret Kathleen McGuire
Respondent
Procedural Posture
Family / Appeal to Court of Appeal From Superior Court Decision Refusing to Extend Time to Appeal
Legal Issues
- 1 Whether to grant an extension of time to appeal
- 2 Whether Curtis J. had jurisdiction to set aside her own order
- 3 Whether the doctrine of functus officio barred Curtis J. from acting
Ratio Decidendi
Perkins J. properly refused to extend time to appeal because the proposed appeal lacked merit; Curtis J. had jurisdiction to set aside her order under R.19.08 so the doctrine of functus officio did not apply; Rule 5(1)(a) of the Family Law Rules made Toronto an improper venue, and the transfer to London stands; appeals dismissed.
Court Disposition
Appeals dismissed.
Orders
- Appeals dismissed.
- Costs to respondent fixed at $4,000 inclusive of disbursements and applicable taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Gordon v. McGuire Collection Decisions of the Court of Appeal Date 2010-11-24 Neutral citation 2010 ONCA 795 Docket numbers C51670 Judges Rosenberg, Marc; Moldaver, Michael James; Karakatsanis, Andromache Rhea Subject Family Decision Content CITATION: Gordon v. McGuire, 2010 ONCA 795 DATE: 20101123 DOCKET: C51670 COURT OF APPEAL FOR ONTARIO Rosenberg, Moldaver and Karakatsanis JJ.A. BETWEEN Joseph Alexander Gordon Applicant (Appellant) and Ashley Margaret Kathleen McGuire Respondent (Respondent in Appeal) Joseph Gordon, in person Kate Bennett, for the respondent Heard: November 19, 2010 On appeal from the judgment of Justice C. Perkins of the Superior Court of Justice dated January 12, 2010. APPEAL BOOK ENDORSEMENT [1] The decision of Perkins J. refusing to extend time to appeal the decision of Curtis J. was a final Order and is properly before the court. [2] We see no basis to interfere with the decision of Perkins J. Perkins J. was entitled to refuse to extend time to appeal on the basis that there was no merit to the appeal. Curtis J. had jurisdiction to set aside her Order, including under R. 19.08 of the Rules of Civil Procedure in the circumstances of this case. Since she had jurisdiction, the doctrine of functus officio does not apply. Furthermore, Rule 5(1)(a) of the Family Law Rules applied in this case and Curtis J. properly found that Toronto was not the proper venue. Perkins J. was entitled to refuse to set aside an Order transferring this case to London, Ontario. [3] Accordingly, the appeals are dismissed. Costs to the respondent fixed in the amount of $4,000 inclusive of disbursements and applicable taxes.