Court of Appeal for Ontario

Date: 2017-12-15 Docket: C63771

Judges: Hourigan and Brown JJ.A. and Himel J. (ad hoc)

Between

Lyudmila Chavdarova a.k.a. Mila Chavdarova Plaintiff/Appellant

and

The Staffing Exchange a.k.a. TSE Canada Defendant/Respondent in Appeal

Counsel

Lyudmila Chavdarova, for the appellant (Self-represented)

Michael Polvere, for the respondent

Hearing and Lower Court

Heard: December 15, 2017

On appeal from: The judgment of Justice Douglas Gray of the Superior Court of Justice, dated April 26, 2017.

Appeal Book Endorsement

[1] We appreciate that the appellant did not comply with the order made by the motion judge at the pre-trial conference. This put the motion judge in a difficult position in terms of calculating damages. However, the appellant did file an affidavit with supporting documentation and a factum which referenced those documents and detailed her claim for damages.

[2] In the circumstances, we are of the view that the motion judge should have afforded the appellant an opportunity to file evidence that would have entitled her to evaluate the appellant's claim.

[3] We are allowing the appeal. We are directing that the parties file all the evidence they deem advisable and appear before the motion judge for a damages hearing. To be clear, the appellant should ensure that she files evidence that complies with the motion judge's pre-trial order. It will be open to the motion judge to determine the proper procedure for the hearing, including cross-examination.