COURT OF APPEAL FOR ONTARIO

CITATION: Beard Winter LLP v. Shekhdar, 2016 ONCA 927

DATE: 20161208

DOCKET: M46666 (M46520)

BEFORE: Sharpe, Pepall and Hourigan JJ.A.

BETWEEN

Beard Winter LLP

Responding Party

and

Kersasp Shekhdar

Moving Party

COUNSEL:

Kersasp Shekhdar, in person

Rob Winterstein, for the responding party

HEARD and RELEASED ORALLY: December 2, 2016

ENDORSEMENT

[1] The appellant seeks to review the order of Justice Doherty dismissing the appellant’s motion to extend the time to file an application for leave to appeal from the Divisional Court.

[2] Justice Doherty focused on the fourth and crucial factor as to whether an extension of time should be granted, namely, the merits of the proposed leave to appeal motion.

[3] We agree with Justice Doherty that there is no prospect of success.

[4] Accordingly, the justice of this case does not warrant the granting of an extension. The motion is dismissed.

[5] Costs to the respondent fixed at $5000, inclusive of disbursements and taxes.

“Robert J. Sharpe J.A.”

“S.E. Pepall J.A.”

“C.W. Hourigan J.A.”