COURT OF APPEAL FOR ONTARIO
RE:
GERALD MCDOUGALL (Plaintiff/Respondent) –and- ANDRE LANOUE PONTIAC BUICK INC. CRAIG LANOUE (Defendants/Appellants)
BEFORE:
LASKIN, MACFARLAND AND LAFORME JJ.A.
COUNSEL:
Samuel A. Mossman
for the appellants
Raymond Colautti
for the respondent
HEARD & ENDORSED:
April 13, 2006
On appeal from the order of Justice Richard C. Gates of the Superior Court of Justice, dated December 22, 2004 made at Windsor, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The defendants did not deliver their affidavit of documents for seven years. Under rule 24, the delivery of the affidavit was a condition precedent to bringing the motion to dismiss for delay.
2In these circumstances, the motion judge did not err in exercising his discretion by refusing the defendants’ motion.
3The appeal is dismissed without costs.