COURT OF APPEAL FOR ONTARIO
Hourigan, Trotter and Jamal JJ.A.
BETWEEN
Shahab Samad
Appellant
(Respondent by Application)
and
Shahanaz Rasool
Respondent
Applicant by Application
Shahab Samad, self represented
Audrey Lee, for the respondent
Heard: October 15, 2020
REASONS FOR DECISION
1The appellant brings a motion to set aside the order of the motion judge, dismissing his motion for an order extending the time to perfect his appeal.
2In his endorsement, the motion judge noted that the appellant had previously been granted an extension of time to perfect his appeal but had missed the deadline. He then considered the merits of the appeal, observing that the grounds of appeal do not relate to the order appealed, and concluded that the appeal did not have any real chance of success. The motion judge also found that the justice of the case favoured the respondent because the appellant’s conduct in the litigation had resulted in his pleadings being struck below.
3We do not see any error in principle made by the motion judge. He properly applied the test on the motion and exercised his discretion in a manner that was entirely consistent with this court’s jurisprudence and the justice of the case.
4The motion is dismissed. The appellant shall pay the respondent her all-inclusive costs of this motion in the amount of $4,000.
“C.W. Hourigan J.A.”
“Gary Trotter J.A.”
“M. Jamal J.A.”