Court File and Parties

NEWMARKET COURT FILE NO.: DC-06-078569

DATE: 20061016

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: NORTHUMBERLAND COUNTY HOUSING CORPORATION v. ROBYN HARRISON

BEFORE: The Honourable Mr. Justice J.R. McIsaac

COUNSEL: Albert G. Formosa, for the Landlord (Respondent in Appeal) Richard C. Ferriss, for the Tenant (Appellant/Moving Party)

E N D O R S E M E N T

[1] I agree with the respondent that the appellant has disentitled herself from any relief herein due to her total failure to rectify the situation created by her inability to attend before Boyko J. on June 22, 2006 when her appeal was dismissed. She did absolutely nothing for some two months knowing that the respondent was seeking a dismissal of her appeal on that date. In the circumstances, she is undeserving of a further indulgence by the court: see Bayside Realty Inc. v. P.D.L. Developments (Overseas) Ltd. (1989) 38 C.P.C. (2d) 155 (Ont. Master). Accordingly, this motion pursuant to R. 37.14(6)(a) is dismissed.

[2] Having received oral and written submission on costs, the appellant will pay costs in the fixed amount of $3,200.00. The tenant will be given until November 20, 2006 to vacate the subject property.

McIsaac J.

DATE: October 16, 2006