Hekimian v. Al-Sabbagh
Applying A.C.B. v. R.B., the Court of Appeal held that the lower court order must be set aside and the standard form order submitted to the Office of the Children’s Lawyer to protect the children’s privacy; accordingly the appeal is allowed and the order of June 15, 2010 is set aside.
Source-derived case information.
- Citation
- 2011 ONCA 165
- Parties
- Applicant (respondent): Joyce Hekimian; Respondent (respondent): Jim Badir Al-Sabbagh; Appellant: The Children’s Lawyer
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 March 2011
- Procedural Posture
- Family / Appeal to Court of Appeal (written Hearing)
- Outcome
- Appeal allowed; order of Paisley J. dated June 15, 2010 set aside.
- Legal Topics
- Children's Lawyer Representation, Privacy of Children, Appeal From Superior Court Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Hekimian
Applicant (respondent)
Jim Badir Al-Sabbagh
Respondent (respondent)
The Children’s Lawyer
Appellant
Procedural Posture
Family / Appeal to Court of Appeal (written Hearing)
Legal Issues
- 1 Whether the order of Paisley J. dated June 15, 2010 should be set aside under the principles established in A.C.B. v. R.B.
- 2 Whether the children’s privacy required removal of the order from the public record and submission of a standard form order to the Office of the Children’s Lawyer
Ratio Decidendi
Applying A.C.B. v. R.B., the Court of Appeal held that the lower court order must be set aside and the standard form order submitted to the Office of the Children’s Lawyer to protect the children’s privacy; accordingly the appeal is allowed and the order of June 15, 2010 is set aside.
Court Disposition
Appeal allowed; order of Paisley J. dated June 15, 2010 set aside.
Orders
- Appeal allowed.
- Order of Paisley J. dated June 15, 2010 set aside.
Full Case Text
Judgment text and source record
1 paragraphs
Hekimian v. Al-Sabbagh Collection Decisions of the Court of Appeal Date 2011-03-03 Neutral citation 2011 ONCA 165 Docket numbers C52372 Judges MacPherson, James C.; MacFarland, Jean Louise; Epstein, Gloria Jean Subject Family Decision Content CITATION: Hekimian v. Al-Sabbagh, 2011 ONCA 165 DATE: 20110303 DOCKET: C52372 COURT OF APPEAL FOR ONTARIO MacPherson, MacFarland and Epstein JJ.A. BETWEEN Joyce Hekimian Applicant (Respondent) and Jim Badir Al-Sabbagh Respondent (Respondent) and The Children’s Lawyer Appellant Martha Héder, for the appellant No one appearing for the respondents Heard: March 1, 2011 (in writing) On appeal from the order of Justice Victor Paisley of the Superior Court of Justice dated June 15, 2010. ENDORSEMENT [1] In accordance with the reasons of this court in A.C.B. v. R.B., 2010 ONCA 714, the appeal is allowed, the order of Paisley J. dated June 15, 2010 is set aside, and the attached Order in the standard form is submitted to the Office of the Children’s Lawyer. “J. C. MacPherson J.A.” “J. MacFarland J.A.” “Gloria Epstein J.A.” [The order has been removed to protect the privacy interests of the children.]