Tessier v. Tessier
The Court gave effect to the parties' consent filed order and ordered the variation of the prior judgment of Quinn J. dated November 19, 2004 as varied by Ducharme J.'s order of July 26, 2006, limited to the terms specified in paragraphs 1–5, the first sentence of paragraph 7 and paragraph 8 of the consent; the...
Source-derived case information.
- Citation
- 2007 ONCA 417
- Parties
- Appellant: Terri-Lynne Anne Tessier; Respondent: Paul Laurent Tessier
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 June 2007
- Procedural Posture
- Civil Appeal / Court of Appeal Disposition Following Hearing on May 18, 2007
- Outcome
- Appeal disposed by giving effect to the consent filed order varying specified terms of the prior judgments.
- Legal Topics
- Consent Order, Variation of Judgment, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Terri-Lynne Anne Tessier
Appellant
Paul Laurent Tessier
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Disposition Following Hearing on May 18, 2007
Legal Issues
- 1 Whether the consent filed order varying terms of the earlier judgment should be given effect
- 2 Scope and enforceability of consent orders on appeal
- 3 Whether the Court should vary the prior orders only to the extent set out in the consent
Ratio Decidendi
The Court gave effect to the parties' consent filed order and ordered the variation of the prior judgment of Quinn J. dated November 19, 2004 as varied by Ducharme J.'s order of July 26, 2006, limited to the terms specified in paragraphs 1–5, the first sentence of paragraph 7 and paragraph 8 of the consent; the consent therefore determined the outcome and the appeal was disposed accordingly.
Court Disposition
Appeal disposed by giving effect to the consent filed order varying specified terms of the prior judgments.
Orders
- Order in accordance with the consent filed to vary the terms of the judgment of Quinn J. dated November 19, 2004 as varied by the order of Ducharme J. dated July 26, 2006 in accordance with the terms of paragraphs 1–5, the first sentence of paragraph 7 and paragraph 8 of the consent.
Full Case Text
Judgment text and source record
1 paragraphs
Tessier v. Tessier Collection Decisions of the Court of Appeal Date 2007-06-06 Neutral citation 2007 ONCA 417 Docket numbers C45890 Judges Simmons, Janet M.; Cronk, Eleanore Ann; Blair, Robert Ashley Subject Civil Decision Content CITATION: Tessier v. Tessier, 2007 ONCA 417 DATE: 20070606 DOCKET: C45890 COURT OF APPEAL FOR ONTARIO SIMMONS, CRONK AND BLAIR JJ.A. BETWEEN: TERRI-LYNNE ANNE TESSIER Appellant and PAUL LAURENT TESSIER Respondent William R. Clayton for the appellant Barry M. Tobin for the respondent Heard: May 18, 2007 On appeal from the order of Justice Partrick Ducharme of the Superior Court of Justice dated July 26, 2006. APPEAL BOOK ENDORSEMENT [1] In accordance with the consent filed order to go varying the terms of the judgment of Quinn J. dated November 19, 2004 as varied by the order of Ducharme J. dated July 26, 2006 in accordance with the terms of paragraphs 1 – 5, the 1st sentence of para. 7 and para. 8 of the consent.