Court of Appeal for Ontario
Before: Huscroft, Dawe and Wilson JJ.A.
Between
Lisa Aileen Davis
Plaintiff (Respondent)
and
Wayne Ng
Defendant (Appellant)
Counsel:
Neil Searles and Tredegar Shea, for the appellant
Laurie Tucker and Priya Shah, for the respondent
Heard and rendered orally: June 3, 2026
On appeal from the judgment of Justice Alexandre Kaufman of the Superior Court of Justice, dated September 8, 2025.
REASONS FOR DECISION
1The appellant says the trial judge erred in refusing his request for an adjournment of the trial date as a result of the late service of loss of income documentation. He says he could not properly defend the trial which resulted in a miscarriage of justice and he asks that a new trial be ordered or, alternatively, that this court strike the award for loss of income.
2Late service of relevant documentation, in breach of the obligations under the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, is not to be condoned. However, here, there was no unfairness to the defence as a result.
3The decision whether or not to grant an adjournment is a highly discretionary one which is entitled to deference from this court: Martin v. Sansome, 2014 ONCA 14, 118 O.R. (3d) 522, at para. 28. We do not agree that the refusal to grant an adjournment of the trial reflects any error or that unfairness or prejudice resulted to the appellant as a result of the order. As a result, there is no basis to interfere with the decision of the trial judge and the appeal is dismissed.
4Costs payable by the appellant to the respondent in the agreed upon amount of $20,000, all inclusive.
“Grant Huscroft J.A.”
J. Dawe J.A.”
“D.A. Wilson J.A.”