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.”