Court of Appeal for Ontario
Before: Doherty, Pepall and Huscroft JJ.A.
Between
Surinderpal Singh Gill and Muhammad Alvi and Mehboob Alam Khan
Plaintiffs (Appellants)
and
Muhammad Zafar Iqbal and Zarina Zafar and A1 Oakville Taxi
Defendants (Respondents)
Counsel:
Satwant S. Merwar, for the plaintiffs (appellants)
J.S. Winny, for the defendants (respondents)
Heard: July 2, 2015
On appeal from the judgment of Justice L.L. Snowie of the Superior Court of Justice, dated November 26, 2014.
Appeal Book Endorsement
1The refusal to further adjourn the defendants’ summary judgment motion was an exercise of the motion judge’s discretion. Given the history of the claim, referred to cryptically by the trial judge, and the fact that the motion had initially been scheduled three months earlier and adjourned at the appellants’ request, we cannot say that the motion judge acted unreasonably in refusing the further adjournment. On the material before the motion judge, the action was properly dismissed under Rule 20. We make no comment about the application of Rules 21 and 60.12.
2The appeal is dismissed. Costs awarded in the amount of $5,449.10, inclusive of disbursements and all taxes.