COURT OF APPEAL FOR ONTARIO
RE:
THORNDALE PARTNERS INC., THONDALE PARTNERS and RICHARD HUGHES (Defendant/Appellant) – and – AIG LIFE INSURANCE COMPANY OF CANADA (Plaintiff/Respondent)
BEFORE:
LASKIN, FELDMAN and ROULEAU JJ.A.
COUNSEL:
Richard Hughes
in person
Stephen Brogden
for the respondent
HEARD & ENDORSED:
March 9, 2007
On appeal from the order of Justice Patrick J. Flynn of the Superior Court of Justice dated November 23, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The motion judge ought not to have refused to hear from counsel for the appellant. We also note that the outstanding undertakings related only to the counterclaim, yet the motion judge struck out both the counterclaim and the defence.
2Despite the lengthy delay in this proceeding, we think the order ought to be set aside.
3Accordingly, the appeal is allowed, the order of the motion judge is set aside and the plaintiff’s motion is dismissed. There shall be no costs of either the motion or the appeal.