COURT OF APPEAL FOR ONTARIO
Goudge, Sharpe and Armstrong JJ.A.
BETWEEN:
James Glenny
Appellant (Defendant)
and
Niarchos Realty Limited
Respondent (Plaintiff)
Shan Padda, for the appellant
Stephen Moreau ad Katie Gibson, for the respondent
Heard and endorsed orally: April 20, 2009
On appeal from the order of Justice David Aston of the Superior Court of Justice dated November 3, 2008.
APPEAL BOOK ENDORSEMENT
1We see no error in the order appealed from. The motion judge acted within his discretion in denying an adjournment. We also agree that on a good hard look the appellant has failed to show a good defence on the merits. The appeal is dismissed.
2Costs to the respondent fixed at $2,500 inclusive of disbursements and G.S.T.