COURT OF APPEAL FOR ONTARIO
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
1The 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.
2Justice 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.
3We agree with Justice Doherty that there is no prospect of success.
4Accordingly, the justice of this case does not warrant the granting of an extension. The motion is dismissed.
5Costs 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.”
