COURT FILE NO.: 523/07
DATE: 20080326
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
a.c.j.s.c. cunningham, carnwath and ferrier jj.
B E T W E E N:
1541094 ONTARIO INC. c.o.b. 427/QEW KIA Appellant/Defendant
- and -
EARL CRANGLE Respondent/Plaintiff
Tyrone D. Crawford, for the Appellant/ Defendant
Aaron Crangle, for the Respondent/ Plaintiff
HEARD at Toronto: March 26, 2008
Oral Reasons for Judgment
a.c.j.s.c. cunningham: (Orally)
[1] The moving party seeks an Order extending the time for filing a Notice of Appeal with respect to the decision of Connolly Deputy Judge in the Small Claims Court. Essentially his position is, that although it brought, unsuccessfully, a motion in the Small Claims Court for a new trial, it always had reserved its right to appeal. This position it says was communicated to responding counsel in July, 2007.
[2] When the matter came before Kiteley J., December 10, 2007, Mr. Sharma, on behalf of KIA confirmed he had "put all his eggs" in the new trial basket. His counsel before us says he was confused and didn't appreciate the significance of an appeal versus a new trial motion. After a consideration of the factors set out in Frey v. MacDonald [1990] O.J. No. 2802, we find the moving party has not satisfied that test enunciated therein.
[3] Moreover, having considered the justice of the case, we are not satisfied an extension should be granted.
[4] The motion is dismissed.
COSTS
[5] Costs fixed at $3,500, all inclusive.
A.C.J.S.C. CUNNINGHAM
CARNWATH J.
FERRIER J.
Date of Reasons for Judgment: March 26, 2008
Date of Release: April 2, 2008
COURT FILE NO.: 523/07
DATE: 20080326
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
a.c.j.s.c. cunningham, carnwath and ferrier jj.
B E T W E E N:
1541094 ONTARIO INC. c.o.b. 427/QEW KIA Appellant/Defendant
- and -
EARL CRANGLE Respondent/Plaintiff
ORAL REASONS FOR JUDGMENT
A.C.J.S.C. CUNNINGHAM
Date of Reasons for Judgment: March 26, 2008
Date of Release: April 2, 2008