D. Bellamy

The plaintiffs brought a motion for leave to appeal the order of Master Dash on the issue of costs only.

The Divisional Court granted leave to appeal and allowed the appeal, finding that the Master erred in exercising his discretion with respect to costs against the plaintiffs.

The court noted that a relevant precedent with virtually identical facts had not been brought to the Master's attention.

Costs of $2,500 were awarded to the plaintiffs.

The appellant appealed a Small Claims Court decision and brought a motion for a true copy of the trial audiotapes, alleging that the transcripts omitted comments showing a reasonable apprehension of bias by the trial judge.

The appellant also sought an extension of time to perfect his appeal.

The Divisional Court dismissed the motion, finding that the appellant failed to show good reason to doubt the accuracy of the transcripts under s. 48(2) of the Evidence Act, and that the alleged omitted comments would not support a finding of bias.

The request for an extension of time was consequently dismissed.

The appellant, a Swiss manufacturing company, appealed a Master's order dismissing its motion to stay a breach of contract action on the basis of forum non conveniens.

The Master had found that Ontario had a real and substantial connection to the action and that Switzerland was not clearly a more appropriate forum.

The Divisional Court dismissed the appeal, finding no palpable and overriding error or error in principle in the Master's application of the jurisdiction and forum non conveniens tests.

The appeal of the $44,000 costs award was also dismissed.

The respondent law firm brought a motion for security for costs of the appellant's appeal under Rule 61.06 of the Rules of Civil Procedure.

The respondent argued the appeal was frivolous and vexatious and that the appellant had unpaid costs awards.

The court found the appeal was not frivolous and vexatious, and noted the respondent had agreed to an indulgence regarding the unpaid costs while the appellant sought an investigation.

The motion for security for costs was dismissed with no order as to costs.

The appellant appealed a Deputy Judge's decision granting default judgment to the plaintiff.

The Divisional Court found that the Deputy Judge misapplied the law by refusing to hear the defendant, who was present and ready to proceed despite lacking an interpreter, and by harshly denying a brief adjournment requested by counsel to allow witnesses to arrive.

The appeal was allowed, the default judgment was set aside, and the appellant was granted leave to file a Defence and Counterclaim.

The self-represented plaintiffs sought leave to appeal a discretionary, administrative decision made by a motion judge in Triage Court.

The Divisional Court denied leave to appeal, finding no good reason to doubt the correctness of the decision and no matters of public importance involved.

The court noted the decision did not affect the plaintiffs' substantive rights or infringe any constitutional rights.