The appellant appealed a decision granting summary judgment in favour of the respondent, arguing the motion judge erred in denying a second adjournment.
The motion had previously been adjourned and marked peremptory to the appellant, with instructions to either retain counsel or seek leave for a director to represent the corporation.
On the return date, the appellant had not retained counsel and provided no evidence to contradict the summary judgment motion.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's exercise of discretion to deny the adjournment and grant summary judgment.
