Court of Appeal for Ontario
Date: 2019-03-20 Docket: M49713 (M49611)
Judges: Feldman, Pepall and Nordheimer JJ.A.
Between
Michael Joseph Albert Gaboury, Trustee for AV Holdings foundation trust, AV7 Holdings Inc. and Valerie Burrell Moving Parties (Appellants)
and
Carla Gilmore a.k.a. Karla Gilmore, Township of West Lincoln, Regional Municipality of Niagara, Welland and District Humane Society, Ontario SPCA, Welland and District SPCA Enforcement, Ryan Huurman and Relevant Boards associated (undisclosed) Responding Parties (Respondents)
Counsel
Michael Gaboury, as trustee for AV Holdings
Jordan D. Sobel, for the appellant, Valerie Burrell
Karla Gilmore, acting in person
Andrea Mannell, for the respondent, Township of West Lincoln
Mickey Cruickshank, for the respondent, Regional Municipality of Niagara
Ryan Kahn, for the respondents, Welland and District Humane Society, Ontario SPCA, Welland and District SPCA Enforcement and Ryan Huurman
Hearing
Heard and released orally: March 20, 2019
On review of the order of Justice M.L. Benotto of the Court of Appeal for Ontario, dated October 4, 2018.
Appeal Book Endorsement
[1] This is a motion to review the decision of Benotto J.A. dismissing a motion for an extension of time to appeal. Benotto J.A. applied the correct test. We see no basis to interfere with her discretionary decision.
[2] The motion is dismissed with costs fixed at $2,275 to the respondent, Township of West Lincoln, $2,275 to the respondent, Regional Municipality of Niagara, and $60 to the respondent, Karla Gilmore, inclusive of fees, disbursements and HST.