Perron v. Perron, (2011) 286 O.A.C. 178 (CA)
Judge | Sharpe, J.A. |
Court | Court of Appeal (Ontario) |
Case Date | 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.
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Court Of Appeal Summaries (March 29 ' April 2, 2021)
...1581, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Combined Air Mechanical Services Inc. v. Flesch, 2010 ONCA 633, Perron v. Perron, 2011 ONCA 776 (In Chambers), Henderson v. Wright, 2016 ONCA 89 (In Chambers), York University v. Markicevic, 2017 ONCA 651 (In Chambers) Laurentian Univers......
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Court Of Appeal Summaries (March 15 ' 19, 2021)
...Vexatious, Rules of Civil Procedure, Rule 61.06(1)(a) and (c), Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Perron v. Perron, 2011 ONCA 776, Henderson v. Wright, 2016 ONCA 89, Combined Air Mechanical Services Inc. v. Flesch, 2010 ONCA 633, Foodinvest Limited v. Royal Bank of Canada, 2020......
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Evidence; Procedure; Costs
...has a low prospect of success and engaged in conduct that unnecessarily added to the cost and length of the proceeding: Perron v Perron, 2011 ONCA 776 at para. 21 to 23; or the party had deliberately accumulated the arrears: Stelter v Stelter, 2013 ONCA 508 (CanLII), at paras. 5 and 11. But......
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Evidence; procedure; costs
...has a low prospect of success and engaged in conduct that unnecessarily added to the cost and length of the proceeding: Perron v Perron, 2011 ONCA 776 (CanLII). at para. 21 to 23; or the party had deliberately accumulated the arrears: Stelter v Stelter , 2013 ONCA 508 (CanLII), at paras. 5 ......
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M.B. v. L.B., 2019 NBCA 75
...if the Court ignores that court processes have been ‘weaponized’ and turned against innocents” (para. 667). [15] In Perron v. Perron, 2011 ONCA 776, [2011] O.J. No. 5580 (QL), an appeal was summarily dismissed on the basis it had a “very low prospect of success”, and it was “very unlikely” ......
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Shaver-Kudell Manufacturing Inc. v. Knight Manufacturing Inc.,
...of success and the appellant has the ability to pay costs, but it would be nearly impossible to collect such costs: Perron v. Perron, 2011 ONCA 776, 286 O.A.C. 178 (In Chambers), at para. 23; Henderson v. Wright, 2016 ONCA 89, 345 O.A.C. 231 (In Chambers), at para. 27. Other examples includ......
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Henderson v. Wright, (2016) 345 O.A.C. 231 (CA)
...Air Mechanical Services Inc. et al. v. Flesch et al. (2010), 268 O.A.C. 172; 2010 ONCA 633, refd to. [para. 24]. Perron v. Perron (2011), 286 O.A.C. 178; 345 D.L.R.(4th) 513; 2011 ONCA 776, refd to. [para. Baker et al. v. Rego et al., [2013] O.A.C. Uned. 401; 31 R.F.L.(7th) 323; 2013 ONSC 3......
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Gupta and Gupta, 2017 ONSC 6867
...has a low prospect of success and engaged in conduct that unnecessarily added to the cost and length of the proceeding: Perron v Perron, 2011 ONCA 776 at para. 21 to 23; or the party had deliberately accumulated the arrears: Stelter v Stelter, 2013 ONCA 508, at paras. 5 and 11.ANALYSIS[18] ......
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Court Of Appeal Summaries (March 29 ' April 2, 2021)
...1581, Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Combined Air Mechanical Services Inc. v. Flesch, 2010 ONCA 633, Perron v. Perron, 2011 ONCA 776 (In Chambers), Henderson v. Wright, 2016 ONCA 89 (In Chambers), York University v. Markicevic, 2017 ONCA 651 (In Chambers) Laurentian Univers......
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Court Of Appeal Summaries (March 15 ' 19, 2021)
...Vexatious, Rules of Civil Procedure, Rule 61.06(1)(a) and (c), Yaiguaje v. Chevron Corporation, 2017 ONCA 827, Perron v. Perron, 2011 ONCA 776, Henderson v. Wright, 2016 ONCA 89, Combined Air Mechanical Services Inc. v. Flesch, 2010 ONCA 633, Foodinvest Limited v. Royal Bank of Canada, 2020......
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Court Of Appeal Summaries (November 7 November 10, 2016)
...award, then she should be in a position to provide security for costs by, for example, posting a letter of credit: See Perron v. Perron, 2011 ONCA 776. John Deere Financial Inc v 1232291 Ontario Inc (Northern Haul Contracting), 2016 ONCA 838 [Hoy A.C.J.O., Lauwers and Benotto JJ.A.] Counsel......
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Evidence; procedure; costs
...has a low prospect of success and engaged in conduct that unnecessarily added to the cost and length of the proceeding: Perron v Perron, 2011 ONCA 776 (CanLII). at para. 21 to 23; or the party had deliberately accumulated the arrears: Stelter v Stelter , 2013 ONCA 508 (CanLII), at paras. 5 ......
-
Evidence; Procedure; Costs
...has a low prospect of success and engaged in conduct that unnecessarily added to the cost and length of the proceeding: Perron v Perron, 2011 ONCA 776 at para. 21 to 23; or the party had deliberately accumulated the arrears: Stelter v Stelter, 2013 ONCA 508 (CanLII), at paras. 5 and 11. But......