Court of Appeal for Ontario
Weiler, Simmons and Rouleau JJ.A.
BETWEEN:
Selwyn Firth
Plaintiff/Appellant
and
Eusebio Resendes, Carlos Resendes, Michelle Ahamad and Ali Ahamad
Defendants/Respondents
Counsel:
Andrew K. Lee for the respondents
Selwyn Firth, the appellant in person
Heard and released orally: September 3, 2008
ENDORSEMENT
1The appellant’s proposed appeal concerning the merits relates to decisions dated January 31, 2006, February 8, 2006 and March 27, 2006, and his proposed appeal concerning costs relates to a decision dated April 2, 2008. The appellant’s notice of appeal is dated May 7, 2008.
2As it relates to decisions on the merits, the notice of appeal is significantly out of time. Concerning the costs decision the notice of appeal is somewhat out of time and improperly constituted.
3The appellant attends today and claims that there are circumstances that would support an extension of time to file his notice of appeal, including ordering the transcript of the trial soon after the jury’s verdict. However, the appellant has not filed an affidavit in response to the motion to support his request for an extension.
4In all of the circumstances, the appeal should be quashed without prejudice to the appellant’s right to move on proper material for an extension of time to file a notice of appeal. Such motion shall address the issue of jurisdiction and shall be made returnable no later than October 1, 2008.
5Costs of today are to the respondent moving party to quash and must be paid prior to any motion to extend. These costs are fixed in the amount of $2,500.00 inclusive of disbursements and applicable G.S.T.
“K. M. Weiler J.A.”
“Janet Simmons J.A.”
“Paul Rouleau J.A.”