Court of Appeal for Ontario
BEFORE: O’Connor A.C.J.O., Juriansz and Rouleau JJ.A.
BETWEEN:
Janice Jeffs
Plaintiff (Respondent)
and
Freedom TV Inc., Freedom Studios Inc. and Aaron Goldman
Defendants/Plaintiffs by Counterclaim (Applicants)
and
Janice Jeffs, John Jeffs, Clinton Jeffs and TMGM Leasing
Defendants by Counterclaim (Respondents)
COUNSEL:
Michael Girard, for the appellants
Charles Baker, for the respondents
HEARD and ORALLY RELEASED: October 29, 2009
On appeal from the orders of Justice Marchand of the Superior Court of Justice dated February 26, 2009.
ENDORSEMENT
1We are of the view that the motion judge did not err in refusing to set aside the order of Justice Boyko. There had been a three-month delay in bringing the motion and no explanation for that delay.
2We are also of the view that the motion judge did not err in ruling that rule 11.02 does not apply to the circumstances of this case.
3Finally, given the defendants’ extensive delays in this action, we see no basis for interfering with the motion judge’s decision to strike the defendants’ pleadings for non-compliance with his earlier order of December 11, 2008.
4The appeal is, therefore, dismissed. Costs to the respondent fixed in the amount of $6,000, inclusive of disbursements and GST.
“D. O’Connor A.C.J.O.”
“R. Juriansz J.A.”
“Paul Rouleau J.A.”