Inference drawn that father collaborated with mother to stall access

Ontario civil | Appeal

LEAVE TO APPEAL

Inference drawn that father collaborated with mother to stall access

Order granted temporary access to maternal grandmother. Mother fled jurisdiction with children. Father claimed he could not file notice of appeal in timely way because mother and father had jointly retained lawyer and father would have to get another lawyer. Father brought motion for leave to file notice of appeal. Length of delay of 23 days was minimal. There was no prejudice to maternal grandmother by allowing extension of time. Father’s understanding that appeal was appropriate route to take and conflict with mother over taking that route met criterion of intention to appeal. Court was not satisfied with father’s explanation for reasons for delay. Inference drawn was that father collaborated with mother to stall access while mother planned and implemented departure with children and father facilitated mother’s continued absence from Ontario. Justice of case required leave to be granted on very strict conditions. Father was to ensure children were in Toronto at specified times. Motion to stay enforcement of orders was granted.

Potvin v. Pennington (Mar. 5, 2012, Ont. S.C.J., Kiteley J., File No. FS-11-17526) 213 A.C.W.S. (3d) 820 (18 pp.).

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