Court of Appeal for Ontario
Citation: L-Jalco Holdings Inc. v. Murano, 2013 ONCA 594
Date: 20130927
Docket: C55830
Before: Gillese, Juriansz and Strathy JJ.A.
Between
L-Jalco Holdings Inc.
Plaintiff (Respondent)
and
Joseph Murano and Marjorie Babcock
Defendants (Appellants)
and
Calin A. Lawrynowicz and Your Legal Business Partners Inc.
Third Parties
Counsel:
C.E. John Ecclestone, agent for the appellant Joseph Murano
Sean Dewart, for the respondent
Heard: September 27, 2013
On application for an adjournment on the appeal from the judgment of Justice Heidi S. Levenson Polowin of the Superior Court of Justice, dated July 5, 2012.
APPEAL BOOK ENDORSEMENT
[1] Counsel for the appellant did not appear today, apparently due to his difficulties with the Law Society. The appellant himself did not appear, apparently due to health problems. An agent appeared solely for the purpose of advising the court of those matters and to seek an adjournment of the hearing of the appeal.
[2] An adjournment was granted on the following terms:
the Registrar or Ms. Lily Miranda in her role as the Civil Appeals Co-ordinator shall arrange for a list judge to conduct a hearing to set the date that the appeal is to be heard;
the list judge shall be Juriansz J.A.;
the hearing (by way of telephone conference) before Juriansz J.A. shall be conducted within two weeks of today’s date unless Juriansz J.A. orders it to be conducted at a later date; and
at the hearing, the parties are free to request that terms be attached to the adjournment.
[3] Costs of today are reserved to the panel hearing the appeal. While it appears that costs today were thrown away, in the absence of the appellant and his counsel, the panel was unable to hear submissions from both parties on this matter and, therefore, could not decide it.