ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PITT, MOLLOY AND MURRAY JJ.
B E T W E E N:
JENNIFER BEIDAS, HEATHER CLAIRE DAVIES, JENNIFER CLAIRE PALLISTER, MYSTI RAE MEADOWS and DAWNA TRACEY ARMSTRONG
Plaintiffs
(Respondents)
- and -
GREGORY PICHLER a.k.a. JOELLE LEGASSÉ, LUCY RYBKA-BECKER a.k.a. KRISTA PAPARAZZI, OPEN SYSTEMS GROUP LIMITED and W.W.W.TRANSGRESSION.COM
Defendants
(Appellants)
Jennifer Beidas, In Person
Heather Claire Davies, In Person
Gregory M. Sidlofsky, for the Defendants (Appellants) Gregory Pichler and Open Systems Group Limited
HEARD at Toronto: February 13, 2008
PITT J.: (Orally)
1We note that Ms. Pallister died some time in July, which is some seven months ago. We also note that there is no one representing the estate of Ms. Pallister. In addition, we were advised by counsel that the next-of-kin, Ms. Susan Pallister, has twice indicated that the estate has no interest in this litigation. Confirming documentation was provided. We have taken into consideration that the request for an adjournment is essentially for an indefinite date that could well be several months from today. We also note that this case has been pending for some considerable time.
2We note that there is a very indirect tangential connection between the proceeding today, that is to say the appeal of the costs order and the reasons for the adjournment, namely the respective liabilities of the parties to their original solicitor.
3For all of these reasons, we do not think it is appropriate to adjourn this proceeding.
PITT J.
MURRAY J.
MOLLOY J.: (dissenting)
4I would have adjourned this matter in order to give a further opportunity to ensure the rights of the Estate of Jennifer Pallister were protected.
MOLLOY J.
Date of Reasons for Judgment: February 13, 2008
Date of Release: February 14, 2008
COURT FILE NO.: 584/06
DATE: 20080214
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PITT, MOLLOY AND MURRAY JJ.
B E T W E E N:
JENNIFER BEIDAS, HEATHER CLAIRE DAVIES, JENNIFER CLAIRE PALLISTER, MYSTI RAE MEADOWS and DAWNA TRACEY ARMSTRONG
Plaintiffs
(Respondents)
- and -
GREGORY PICHLER a.k.a. JOELLE LEGASSÉ, LUCY RYBKA-BECKER a.k.a. KRISTA PAPARAZZI, OPEN SYSTEMS GROUP LIMITED AND W.W.W.TRANSGRESSION.COM
Defendants
(Appellants)
ORAL REASONS FOR JUDGMENT
Date of Reasons for Judgment: February 13, 2008
Date of Release: February 14, 2008