B. Jusko

The respondent bank moved for judgment to enforce Minutes of Settlement.

The appellants requested an adjournment to obtain alternate legal counsel, which the motion judge denied, granting judgment in favour of the bank.

The appellants appealed, arguing the denial was contrary to the interests of justice.

The Court of Appeal dismissed the appeal, finding the decision to grant an adjournment is discretionary and the appellants failed to demonstrate prejudice or provide evidence of a defence, particularly given they had acknowledged liability in the Minutes of Settlement.

The appellant appealed the judgment of the trial judge on three issues of liability and the allocation of costs.

The Court of Appeal found no reversible error on the liability issues and no error in principle in the discretionary allocation of costs.

The appeal was dismissed with costs fixed at $6,000.