2023 ONSC 4274, 2023 ONSC 4274

CITATION : Guerin v. Bevan, 2023 ONSC 4274 DIVISIONAL COURT FILE NO.: 251/23 and 291/23 DATE: 20230727 SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT RE: claude D. GUERIN , Applicant AND: CAROL ANN BEVAN and PATRICIA GUERIN , Respondents ( Responding Party / Moving Party ) BEFORE: Lococo, Nishikawa and Schabas JJ.

SUBMISSIONS: Patricia Guerin, Respondent (Moving Party), Self-represented Carol Ann Bevan, Respondent (Responding Party), Self-represented HEARD: In writing ENDORSEMENT [ 1 ] The Moving Party Patricia Guerin brought motions for leave to appeal and for stay of the orders of Akazaki J. dated March 14, 2023 and April 27, 2023 (being Divisional Court file numbers 251/23 and 291/23). The Responding Party Carol Ann Bevin (indicating that she was self-represented) responded to those motions, seeking their dismissal.

The Responding Party’s responding material did not include a costs outline, as required for a party seeking costs.

The motions were scheduled to be heard in writing on July 27, 2023. [ 2 ] On July 26, 2023, the court received a Notice of Abandonment of Appeal (Form 61K) dated July 25, 2023, directed to counsel for the Responding Party, indicating that the Moving Party was abandoning the proceedings brought under those file numbers. [ 3 ] Given the Moving Party’s Notice of Abandonment, the Moving Party’s motions for leave to appeal and for stay of the orders of Akazaki J. dated March 14, 2023 and April 27, 2023 are dismissed as abandoned.

Since the Responding Party did not provide a costs outline, no costs are being ordered. _______________________________ Lococo J. _______________________________ Nishikawa J. _______________________________ Schabas J. Released: July 27, 2023