SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT
RE: GREENWOOD v. ARCHITECTURAL WINDOWS LTD.
BEFORE: Wein J.
COUNSEL: D. Waisberg, for the Plaintiff
E. Sapiano, for the Defendant
REASONS FOR ADJOURNMENT
1There has been an unreasonable delay in this matter, for various reasons. Most of the cause of the delay can be attributed to the plaintiff, but not all.
2In filing a very late factum, plaintiff has mandated an adjournment of the leave application, at best. The defendant has been unable to file a factum in response and the court should not have to bifurcate the hearing of an issue such as this. The defendant, properly, asks that leave to file late be denied to the plaintiff and that the leave application be dismissed. While that would not be an unreasonable result, costs can adequately remedy the matter for the defendant. The loss of scheduled court time in an overstressed jurisdiction cannot be as easily remedied, however. We are, in this jurisdiction, very close to the point where litigants in civil matters may have to anticipate losing their right to have matters litigated on the merits if they are found to have wasted the court’s time in this manner.
3I have decided not to dismiss the leave application in this case, but only by a narrow margin.
4Costs will be to the defendant in the amount of $2,000, payable forthwith.
5The matter is adjourned to a date to be fixed by the Registrar of this court. Matter will be peremptory to the plaintiff.
Wein J.
DATE: December 20, 2007
COURT FILE NO.: DC-07-335763-00OT
DATE: 20071220
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: GREENWOOD v. ARCHITECTURAL WINDOWS
BEFORE: WEIN J.
COUNSEL: D. Waisberg, for the Plaintiff
E. Sapiano, for the Defendant
REASONS FOR ADJOURNMENT
Wein J.
DATE: December 20, 2007