COURT OF APPEAL FOR ONTARIO
RE:
WAYNE G. OSBORNE (Plaintiff/Appellant) – and – PETER F. GILBERT (Defendant/Respondent)
BEFORE:
ROSENBERG, ARMSTRONG and JURIANSZ JJ.A.
COUNSEL:
Richard L. Hammond
for the appellant
David A. Potts and Norman Groot
for the respondent
HEARD & ENDORSED:
March 20, 2007
On appeal from the judgment of Justice Michael R. Dambrot of the Superior Court of Justice dated November 28, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The appellant has discharged previous counsel and retained Mr. Hammond. Mr. Hammond concedes that there is no merit to the grounds of appeal set out in the appellant’s factum but seeks an adjournment to raise a new ground of appeal; ineffective assistance of counsel. The application for an adjournment is refused. There is no merit to the proposed ground of appeal. See D.W. v. White, [2004] O.J. No. 3341 (C.A.) at paras. 51 and 55. This case clearly does not fall within the exceptional circumstances referred to in para. 55 of D.W. v. White.
2Accordingly, the appeal is dismissed.