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COURT OF APPEAL FOR ONTARIO

CITATION: Buffone v. Sokil, 2023 ONCA 558

DATE: 20230824

DOCKET: M54129 (COA-23-CV-0195)

Lauwers, Zarnett and Thorburn JJ.A.

BETWEEN

Elizabeth Ann Buffone

Applicant
(Respondent/Responding Party)

and

Barbara Sokil, in her capacity as executrix for the Estate of
Eleanor Bobbie, deceased, and in her personal capacity

Respondent
(Appellant/Moving Party)

and

William M. Sokil

Respondent
(Respondent/Responding Party)

Barbara Lynn Sokil, acting in person

Jonathan Friedman, for the respondent/responding party Elizabeth Ann Buffone

Christopher Salazar, for the responding party BMO Trust Company, in its capacity as Estate Trustee During Litigation of the Estate of Eleanor Bobbie

William M. Sokil, acting in person

Heard: August 21, 2023

 

REASONS FOR DECISION

[1]          Ms. Sokil sought a stay of para. 4 of the order of Gilmore J. dated February 16, 2023, which moved up the enforcement date of a writ of possession evicting Ms. Sokil from April 13, 2023 to March 10, 2023. The April eviction date came from the order of Cavanagh J. dated September 23, 2022, which Ms. Sokil did not appeal. On March 7, 2023, the motion judge heard Ms. Sokil’s motion to stay the Gilmore J. Order pending appeal and dismissed it with reasons released on March 9, 2023. Ms. Sokil was removed from the Estate property on March 21, 2023. This renders Ms. Sokil’s panel review motion moot. The panel review would serve no purpose and is dismissed.

“P. Lauwers J.A.”

“B. Zarnett J.A.”

“Thorburn J.A.”

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