COURT OF APPEAL FOR ONTARIO
RE: MEDHURST HOGG SOBOTTKA LEONG & ASSOCIATES LIMITED
and MHSL/MUTUAL GAIN LTD. (Plaintiffs/Appellants)
and MUTUAL GAIN INCORPORATED, SHARON E. BOWERING
and MICHAEL BOWERING and MHSL/MUTUAL GAIN LTD.
(Defendants/Respondents)
RE: SHARON BOWERING AND MICHAEL BOWERING and
MHSL/MUTUAL GAIN LTD. (Plaintiffs by Counterclaim)
and MEDHURST HOGG SOBOTTKA LEONG & ASSOCIATES
LIMITED (Defendants by Counterclaim)
RE: SHARON BOWERING and MICHAEL BOWERING (Plaintiffs
by Crossclaim) and MHSL/MUTUAL GAIN LTD.
(Defendant by Crossclaim)
BEFORE: FELDMAN J.A. (IN CHAMBERS)
COUNSEL: P. Lynne Lenihan, for the appellants
Lisa E. Hamilton, for the respondents
HEARD: January 14, 2000
E N D O R S E M E N T
1The appellants move for an extension of time to file the
appeal. It is conceded that the delay was brief, the intention
to appeal was there all along and that there is no prejudice to
the respondents consequent on the delay.
2The argument is that there is no merit to the appeal. In my
view, there are issues of law raised. At this point I cannot say
that they have so little merit that in the face of the other
factors no leave should be granted. Further, it remains arguable
that the appeal period has not yet started to run as the issue of
costs remains outstanding. I need not decide that point at this
time.
3In all the circumstances, leave is granted to the appellant
extending the time to file the notice of appeal to Monday,
January 17, 2000.
4The respondents move for security for costs against the
joint venture corporation. The evidence as to the ability of
that appellant to pay costs is unclear. However, the other
appellant I am told, is able to pay. As I understand it these
appeals will stand or fall together, therefore the costs should
be recoverable. If that is not necessarily the case, or if the
evidence of the inability of the joint venture company to pay
costs becomes clearer, this order is made without prejudice to
the renewal of the motion for security for costs by the
respondents as advised.
5Costs of today shall be to the appellants in the cause of
the appeal fixed at $1,000.00.