Marchildon v. Beitz, 2012 ONCA 668
| Judge | Juriansz, J.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | September 26, 2012 |
| Jurisdiction | Ontario |
| Citations | 2012 ONCA 668;(2012), 297 O.A.C. 198 (CA) |
Marchildon v. Beitz (2012), 297 O.A.C. 198 (CA)
MLB headnote and full text
Temp. Cite: [2012] O.A.C. TBEd. OC.009
Renee Marchildon (applicant/respondent in appeal) v. Justin Beitz (respondent/appellant)
(M41736; C55183; 2012 ONCA 668)
Indexed As: Marchildon v. Beitz
Ontario Court of Appeal
Juriansz, J.A.
October 3, 2012.
Summary:
Beitz sought to appeal a child custody order made in the Family Court branch of the Superior Court under s. 23 of the Children's Law Reform Act. Marchildon opposed the motion, asserting that the order was final and that the proper forum for Beitz's argument that the order was made without jurisdiction was the Court of Appeal.
The Ontario Court of Appeal, per Juriansz, J.A., granted Beitz's motion to transfer the appeal to the Divisional Court.
Courts - Topic 7511.1
Provincial courts - Ontario - Divisional Court - Jurisdiction - Appeals from Family Court - Beitz sought to appeal a child custody order made in the Family Court branch of the Superior Court under s. 23 of the Children's Law Reform Act (CLRA) - Marchildon opposed the motion, asserting that the order was final and that the proper forum for Beitz's argument that the order was made without jurisdiction was the Court of Appeal - The Ontario Court of Appeal, per Juriansz, J.A., granted Beitz's motion to transfer the appeal to the Divisional Court - Section 21.9.1 of the Courts of Justice Act (CJA), together with s. 73 of the CLRA provided that an appeal of an order under Part III of the CLRA, except ss. 59 and 60, made at a Family Court branch of the Superior Court lay to the Divisional Court - The order here was made under s. 23, which was in Part III of the CLRA - Under the CLRA, all regular custody orders made under Part III at a Family Court branch, except those made under ss. 59 and 60, were appealed under s. 21.9.1 of the CJA - Therefore, an appeal from them was to the Divisional Court.
Family Law - Topic 1910
Custody and access - Appeals - General - [See Courts - Topic 7511.1 ].
Family Law - Topic 4071
Divorce - Corollary relief - Custody of children - Appeals - [See Courts - Topic 7511.1 ].
Cases Noticed:
Christodoulou v. Christodoulou (2010), 258 O.A.C. 193; 75 R.F.L.(6th) 266; 2010 ONCA 93, refd to. [para. 4].
Statutes Noticed:
Children's Law Reform Act, R.S.O. 1990, c. C-12, sect. 73 [para. 7].
Courts of Justice Act, R.S.O. 1990, c. C-43, sect. 21.9.1 [para. 8].
Counsel:
Martin J. Prost, for the respondent/appellant;
L Paterson Kelly, for the applicant/respondent in appeal.
This motion was heard in chambers on September 26, 2012, by Juriansz, J.A., of the Ontario Court of Appeal, who delivered the following endorsement on October 3, 2012.
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Mattina v. Mattina, 2018 ONCA 867
...the public, counsel, and institutional litigants: Christodoulou v. Christodoulou, 2010 ONCA 93, 75 R.F.L. (6th) 266; Marchildon v. Beitz, 2012 ONCA 668, 23 R.F.L. (7th) 316; Priest v. Reilly, 2018 ONCA 389. In particular, this court in Christodoulou noted the cost implications of this confu......
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Highland Shores Children’s Aid Society v. K.Y. and J.C., 2019 ONSC 5070
...and inequity and called for legislative reform. See for example: Christodoulou v. Christodoulou, 2010 ONCA 93; Marchildon v. Beitz, 2012 ONCA 668; Mattina v. Mattina, 2018 ONCA 867; and Preist v. Reilly, 2018 ONCA [5] The composition of all courts in Ontario is set out in the Courts of Just......
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McNeil v. Barrett, 2018 ONSC 212
...1990, c. C.43 and s. 73 of the Children's Law Reform Act, the appeal as of right lies to the Divisional Court: Marchildon v. Beitz, 2012 ONCA 668 (Ont. C.A.) [In Chambers].[3] For reasons that follow, the motion is dismissed.BRIEF BACKGROUND AND THE TRIAL JUDGE’S REASONS FOR JUDGMENT[4] The......
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Robert v. Ascani, 2014 ONSC 611
...appeal under Part III of the Children's Law Reform Act, R.S.O. 1990, c. C.12 ( CLRA) lies to the Divisional Court: Marchildon v. Beitz, 2012 ONCA 668, 297 O.A.C. 198. [7] The decision of the motions court judge involved findings of fact in the context of interpreting questions of law. The s......
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Mattina v. Mattina, 2018 ONCA 867
...the public, counsel, and institutional litigants: Christodoulou v. Christodoulou, 2010 ONCA 93, 75 R.F.L. (6th) 266; Marchildon v. Beitz, 2012 ONCA 668, 23 R.F.L. (7th) 316; Priest v. Reilly, 2018 ONCA 389. In particular, this court in Christodoulou noted the cost implications of this confu......
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Highland Shores Children’s Aid Society v. K.Y. and J.C., 2019 ONSC 5070
...and inequity and called for legislative reform. See for example: Christodoulou v. Christodoulou, 2010 ONCA 93; Marchildon v. Beitz, 2012 ONCA 668; Mattina v. Mattina, 2018 ONCA 867; and Preist v. Reilly, 2018 ONCA [5] The composition of all courts in Ontario is set out in the Courts of Just......
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McNeil v. Barrett, 2018 ONSC 212
...1990, c. C.43 and s. 73 of the Children's Law Reform Act, the appeal as of right lies to the Divisional Court: Marchildon v. Beitz, 2012 ONCA 668 (Ont. C.A.) [In Chambers].[3] For reasons that follow, the motion is dismissed.BRIEF BACKGROUND AND THE TRIAL JUDGE’S REASONS FOR JUDGMENT[4] The......
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Robert v. Ascani, 2014 ONSC 611
...appeal under Part III of the Children's Law Reform Act, R.S.O. 1990, c. C.12 ( CLRA) lies to the Divisional Court: Marchildon v. Beitz, 2012 ONCA 668, 297 O.A.C. 198. [7] The decision of the motions court judge involved findings of fact in the context of interpreting questions of law. The s......
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Court Of Appeal Summaries (July 13 ' 17, 2020)
...24(1), Hickey v. Hickey, [1999] 2 S.C.R. 518, Young v. Young, [1993] 4 S.C.R. 3, Mattina v. Mattina, 2018 ONCA 867, Marchildon v. Beitz, 2012 ONCA 668, Priest v. Reilly, 2018 ONCA 389, Christodoulou v. Christodoulou, 2010 ONCA 93 facts: The trial judge granted custody of the parties' child ......