COURT FILE NO.: 375/07
DATE: 20081120
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
WINNIE CHUEN YIN HO
Appellant
(Defendant)
- and -
SUNJI YE
Respondent
(Plaintiff)
Christopher A. Smart, for the Appellant (Defendant)
Tony Karalis, for the Respondent (Plaintiff)
HEARD at Toronto: November 20, 2008
BELLAMY J.: (Orally)
[1] Having heard submissions, in my view, Ms. Ho does meet the test. She has maintained a firm intention to appeal right from the beginning of the process, as she filed a Notice of Appeal soon after Freeman D.J.’s decision was released and she ordered transcripts of the Small Claims Court proceedings. Second, there is, in my view, a reasonable explanation for the delay. A mistake was clearly made at the Registrar’s office. Lastly, the appeal raises serious issues and it would be unjust to dismiss it as this stage.
[2] Accordingly, an order will issue setting aside the Registrar’s order dismissing the appeal for delay with costs, and restoring the appeal. The appeal must be perfected by December 19, 2008, otherwise, the appeal will be dismissed.
[3] This matter should have gone on consent; on the other hand, the delay was not really occasioned by the respondent/plaintiff but much of it seems to have been occasioned by the appellant’s law firm. As a result, there will be no order as to costs.
BELLAMY J.
Date of Reasons for Judgment: November 20, 2008
Date of Release: November 24, 2008
COURT FILE NO.: 375/07
DATE: 20081120
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
WINNIE CHUEN YIN HO
Appellant
(Defendant)
- and -
SUNJI YE
Respondent
(Plaintiff)
ORAL REASONS FOR JUDGMENT
BELLAMY J.
Date of Reasons for Judgment: November 20, 2008
Date of Release: November 24, 2008