Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41035
Leslie Watson v. Abigail Herom also known as Gail Watson
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Counsel
Party: Watson, Leslie
This party is not represented by counsel.
Party: Herom also known as Gail Watson, Abigail
Counsel
204 - 330 Bronte Street
Milton, Ontario
L9T 7X1
Telephone: (905) 878-2804
FAX: (905) 878-5610
Email: rose@fayhassaan.com
Summary
Keywords
Civil procedure – Costs – Judgments and orders – Summary judgments – Applicant ordered to pay security for costs for her appeal into court – Did the Court of Appeal err in holding that the self-represented applicant was represented by counsel on a summary judgment motion and that none of the arguments advanced by her undermined the conclusion that her appeal was clearly devoid of merit? – Was there an obligation to adjourn the motion?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant and respondent are sisters, the stepdaughters of the testator, who died on October 11, 2018. He left his entire estate, consisting mainly of his home, to the respondent and her son. That house was transferred to the respondent and her son. The applicant brought an action to have the house transfer set aside and claimed a 50 per cent interest in the estate, alleging that the testator’s will was invalid on several grounds. The applicant then brought a motion to amend her statement of claim by adding a party to her action. The respondent countered with a motion for summary judgment. Summary judgment was granted, and the applicant’s action was dismissed. At the Court of Appeal, the applicant was ordered to pay $15,000 as security for costs regarding the appeal that she filed. The applicant’s motion to set aside the security for costs order was dismissed. The applicant’s subsequent motion for a stay of the security for costs order, pending her application for leave to appeal to the Supreme Court of Canada, was dismissed.
Lower court rulings
Ontario Superior Court of Justice
CV-20-2100
Respondent’s motion for summary judgment granted; Applicant’s action dismissed; Costs of $15,000 awarded to the respondent.
Court of Appeal for Ontario
2022 ONCA 888
Applicant ordered to pay security for costs of her appeal of $15,000.
Court of Appeal for Ontario
2023 ONCA 659, M54014 (C70660)
Applicant’s motion to set aside December 16, 2022 security for costs order dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-10-29 | Close file on Leave | |
| 2024-10-11 | Reconsideration not accepted for filing | |
| 2024-10-11 | Correspondence (sent by the Court) to, all parties by email | |
| 2024-10-08 | Supplemental document, re: request to ONCA for a copy of the digital recording and transcripts of the proceedings before the court | Leslie Watson |
| 2024-09-27 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2024-05-10 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2024-05-17 | Leslie Watson |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M54014 (C70660), 2023 ONCA 659, dated October 11, 2023, is dismissed with costs in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2024-03-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-12-28 | Leslie Watson |
| 2023-12-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-01-03) | Abigail Herom also known as Gail Watson |
| 2023-12-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-28, (Printed version filed on 2024-01-03) | Abigail Herom also known as Gail Watson |
| 2023-12-14 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-12-14 | |
| 2023-12-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-12-21) | Leslie Watson |
| 2023-12-04 |
Application for leave to appeal, (Book Form), Missing: Filing Fee (Rec'd 2023-12-18) , Completed on: 2023-12-18 |
Leslie Watson |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Watson, Leslie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Herom also known as Gail Watson, Abigail | Respondent | Active |
Counsel
Party: Watson, Leslie
This party is not represented by counsel.
Party: Herom also known as Gail Watson, Abigail
Counsel
204 - 330 Bronte Street
Milton, Ontario
L9T 7X1
Telephone: (905) 878-2804
FAX: (905) 878-5610
Email: rose@fayhassaan.com
Summary
Keywords
Civil procedure – Costs – Judgments and orders – Summary judgments – Applicant ordered to pay security for costs for her appeal into court – Did the Court of Appeal err in holding that the self-represented applicant was represented by counsel on a summary judgment motion and that none of the arguments advanced by her undermined the conclusion that her appeal was clearly devoid of merit? – Was there an obligation to adjourn the motion?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant and respondent are sisters, the stepdaughters of the testator, who died on October 11, 2018. He left his entire estate, consisting mainly of his home, to the respondent and her son. That house was transferred to the respondent and her son. The applicant brought an action to have the house transfer set aside and claimed a 50 per cent interest in the estate, alleging that the testator’s will was invalid on several grounds. The applicant then brought a motion to amend her statement of claim by adding a party to her action. The respondent countered with a motion for summary judgment. Summary judgment was granted, and the applicant’s action was dismissed. At the Court of Appeal, the applicant was ordered to pay $15,000 as security for costs regarding the appeal that she filed. The applicant’s motion to set aside the security for costs order was dismissed. The applicant’s subsequent motion for a stay of the security for costs order, pending her application for leave to appeal to the Supreme Court of Canada, was dismissed.
Lower court rulings
Ontario Superior Court of Justice
CV-20-2100
Respondent’s motion for summary judgment granted; Applicant’s action dismissed; Costs of $15,000 awarded to the respondent.
Court of Appeal for Ontario
2022 ONCA 888
Applicant ordered to pay security for costs of her appeal of $15,000.
Court of Appeal for Ontario
2023 ONCA 659, M54014 (C70660)
Applicant’s motion to set aside December 16, 2022 security for costs order dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available