COURT OF APPEAL FOR ONTARIO
RE:
FARSHE TABRIZ PERSIAN RUGS INC. (Plaintiff/Appellant) - and - SUSSEX RUG GALLERY (Defendant/Respondent)
BEFORE:
MACPHERSON, SIMMONS and ARMSTRONG JJ.A.
COUNSEL:
Derek Vanstone for the appellant
W. Douglas R. Beamish for the respondent
HEARD & ENDORSED:
March 26, 2004
On appeal from the order of Justice Susan E. Greer of the Superior Court of Justice dated October 7, 2003.
APPEAL BOOK ENDORSEMENT
1There was a pattern of non?compliance with court orders which meant that the scheduled trial could not proceed. The non-compliance continued for well over a year and involved two different court orders.
2The trial judge exercised her discretion and determined that the action should be dismissed. We see no reason to interfere with this decision.
3The appeal is dismissed with costs of $3,500, inclusive of disbursements and GST.