COURT OF APPEAL FOR ONTARIO
RE:
M.F., R.F. and J.F., by her litigation guardian the said M.F. (Plaintiff/Appellant) -and- THE GRAND ERIE DISTRICT BOARD OF EDUCATION, PETER MOFFATT, JACQUELINE FOERTER, MIKE BRYER, BILTON LEESON, GREG BUCKLES, GEORGE MURRAY, THE CHILDREN’S AID SOCIETY OF BRANT, MONIKA WOOD, MARY JAYNE COLLINS, NEW LIFE PENTECOSTAL ASSEMBLY, REVEREND LORRIE GIBBONS, DEBORAH GIBBONS, JERRY MICSINSZKI, SANDI MICSINSZKI, DENNIS TULLY, PAUL COOPER, DIANE COOPER, DOROTHY STAIRS, SAMANTHA McDONALD, MELODY PEARSON, TRACEY DAVIAULT, TAMMY MUNRO, DIANE ROBBINS and PAMELA McDONALD (Defendants/Respondents)
BEFORE:
CATZMAN, LABROSSSE and MOLDAVER JJ.A.
COUNSEL:
M.F.
the appellant
in person
Farrah Chundhry
for the respondents
The Grand Erie District Board of Education, Peter Moffatt, Jacqueline Delong, Mike Bryer, Bilton Leeson, Greg Buckles, George Murray and Dennis Tulley
Barry Cox
for the respondents
The Children’s Aid Society of Brant, Monika Wood and Mary Jayne Collins
Colin Geoffrey Millar
for the respondent
Reverend Lorrie Gibbons
HEARD AND RELEASED ORALLY:
May 20, 2005
On appeal from the decision of Justice Ronald C. Sills of the Superior Court of Justice dated July 9, 2004.
E N D O R S E M E N T
1The appellant M.F. has been a self-represented litigant since 2002.
2On this motion, she filed an affidavit giving her explanation for the delay. She was not cross-examined on her affidavit. In our view, the motion judge erred in giving no credence to the matters deposed in that affidavit.
3We note that the defendants took no steps in the litigation to bring it along until they filed their affidavits of documents in January 2004.
4The prejudice in this case is general in nature because of the lengthy delay. There is no evidence of any actual prejudice.
5However, we are deeply concerned with the lengthy delay in this action. Accordingly, the appellant is hereby placed on a strict timetable:
a) the appellant is to deliver her affidavit of documents by June 30, 2005;
b) the appellant is to complete her examinations for discovery within six months thereafter; and
c) the appellant is to set the action down for trial within four months thereafter,
unless an order is obtained from a judge of the Superior Court of Justice extending the times referred to above.
6If the appellant fails to meet this timetable, the defendants may move before the Superior Court of Justice to have the action dismissed for failure to comply with the terms of this order.
7Accordingly, the appeal is allowed and the order of Sills J. is set aside. We make no order as to costs of the motion or of the appeal.
Signed: “M.A. Catzman J.A.”
“J.-M. Labrosse J.A.”
“M.J. Moldaver J.A.”