Court of Appeal for Ontario

CITATION: Landa v. The Dominion of Canada General Insurance Company, 2025 ONCA 184

DATE: 20250307

DOCKET: M55562 (COA-24-OM-0181)

BEFORE: Miller, Trotter and Copeland JJ.A.

BETWEEN

Marina Landa

Applicant (Appellant/ Moving Party)

and

The Dominion of Canada General Insurance Company

Respondent (Respondent/ Responding Party)

and

The Licence Appeal Tribunal

Respondent (Respondent/ Responding Party)

COUNSEL:

Marina Landa, acting in person

Chris McCormack, for the responding party The Dominion of Canada General Insurance Company

Heard and released orally: March 5, 2025

REASONS FOR DECISION

[1] The moving party has brought the current motion seeking a panel review of a dismissal of her motion for an extension of time to perfect her motion for leave to appeal from the Divisional Court’s dismissal of an appeal of five decisions of the Licence Appeal Tribunal.

[2] The motion judge found that the first four factors of the test for granting an extension of time were met. However, he found that the justice of the case weighed heavily against granting leave because the leave motion had no apparent merit.

[3] The moving party has provided a lengthy list of errors she attributes to the motion judge’s reasons. She places significance on the fact that the motion judge found that the four factors in the test for leave for an extension of time were satisfied. However, the test does not operate in a mathematical fashion.

[4] On an extension of time to seek leave for a second appeal, the overriding question is whether the justice of the case requires granting the motion. That is answered in part by assessing the general public importance of the issues raised. The motion judge found that there was none.

[5] The motion judge made no misapprehension of fact and no reviewable error in his reasoning. The motion is dismissed. The responding party is awarded costs of the motion in the amount of $5,000 all inclusive.

“B.W. Miller J.A.”

“Gary Trotter J.A.”

“J. Copeland J.A.”