Perron v. Perron, (2011) 286 O.A.C. 178 (CA)

• Judge: Sharpe, J.A.
• Court: Court of Appeal (Ontario)
• Case Date: Tuesday November 29, 2011
• Jurisdiction: Ontario
• Citations: (2011), 286 O.A.C. 178 (CA);2011 ONCA 776

Perron v. Perron (2011), 286 O.A.C. 178 (CA)

MLB headnote and full text

Temp. Cite: [2011] O.A.C. TBEd. DE.012

Monique Denise Perron (maintenant Waring) (requérante/intimée/auteure de la motion) v. Joseph Ferdinand Dave Perron (intimé/appelant/partie intimée)

(M40603; C51977; 2011 ONCA 776)

Indexed As: Perron v. Perron

Ontario Court of Appeal

Sharpe, J.A.

December 9, 2011.

Summary:

A trial judge awarded sole custody of the children of the marriage to the mother and generous access to the father. The father appealed. The mother moved for security for costs of the appeal and an adjournment of the appeal hearing.

The Ontario Court of Appeal, per Sharpe, J.A., allowed the motion, awarding security for costs of $15,000.

Practice - Topic 8209

Costs - Security for costs - Security for costs of an appeal - Grounds for - Special circumstances or other good reasons - A trial judge awarded sole custody of the children of the marriage to the mother and generous access to the father - The trial judge also awarded costs of $56,000 to the mother - The father appealed, asserting that the trial judge failed to properly consider the father's and children's language rights under s. 23 of the Charter in awarding sole custody to the mother - The mother moved for security for costs of the appeal - The Ontario Court of Appeal, per Sharpe, J.A., allowed the motion, awarding security for costs of $15,000 - In light of the trial judge's conclusions with respect to the father's parenting deficiencies and the fact that joint custody was not appropriate for the children, the court found that it was very unlikely that an appeal panel would interfere with the trial judge's findings on the basis of language rights - It would be unjust to expose the mother to the risk that the father might not be able to pay the costs of the appeal - See paragraphs 9 to 26.

Authors and Works Noticed:

Bastarache, Michel, dir., Les droits linguistiques au Canada (2nd Ed. 2004), p. 420 [para. 17].

Counsel:

Aaron Franks and Michael Zalev, for the respondent/applicant;

Mark Power, François Larocque and Jo-Anne Thibodeau, for the appellant/respondent.

This motion was heard on November 29, 2011, in Chambers, by Sharpe, J.A., of the Ontario Court of Appeal, who delivered the following decision on December 9, 2011.