COURT FILE NO.: 49/09
DATE: 20091019
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
THE TORONTO DOMINION BANK
Plaintiff
- and -
BENJAMIN F. BAJIKIJAIE
Defendant
Eric Golden, for the Plaintiff
Benjamin Bajikijaie, in person
HEARD at Toronto: September 30, 2009
JANET WILSON J.:
REASONS FOR JUDGMENT
[1] This motion for leave to appeal, initiated by Mr. Bajikijaie from the procedural order of Pollack J. dated January 23, 2009, is dismissed.
[2] That order provides:
[1] LE TRIBUNAL ORDONNE que le cause soit revoyee devant le protonotaire Dash pour que ce dernier nomme un protonotaire gestionnaire de la cause.
[2] LE TRIBUNAL ORDONNE d’adjourner au 2 avril 2009 la motion pour jugement sommaire presentee par la demanderesse The Toronto-Dominion Bank.
[3] Mr. Bajikijaie argues that the order, by referring this matter to a case management master, is a bifurcation of the legal proceedings. He argues that it is an important injustice that must be rectified and that warrants a hearing before the Divisional Court.
[4] I disagree. I urged the applicant to address the requirements of rules 62.02(4) (a) and (b) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 in his submissions with respect to this motion for leave to appeal.
[5] Mr. Bajikijaie made various submissions on the merits of the case that he will have the opportunity to make in the context of the Bank’s motion for summary judgment.
Rule 62.02(4)(a)
[6] There is no conflicting decision by another judge on this court and it is not, in my view, desirable for leave to appeal to be granted.
Rule 62.02(4)(b)
[7] There is no good reason to doubt the correctness of this discretionary procedural order and the appeal does not raise issues of public importance warranting this matter to proceed before a panel of the Divisional Court.
Conclusions
[8] I conclude that neither rule 62.04(a) nor (b) engages. The application for leave to appeal is therefore dismissed with costs payable by Mr. Bajikijaie in the amount of $400.00, payable forthwith. The amount is modest, as the Bank chose not to file any responding materials on this motion for leave to appeal, but counsel did attend.
JANET WILSON J.
Date of Release: October 19, 2009
COURT FILE NO.: 49/09
DATE: 20091019
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
THE TORONTO DOMINION BANK
Plaintiff
- and -
BENJAMIN F. BAJIKIJAIE
Defendant
REASONS FOR JUDGMENT
JANET WILSON J.
Date of Release: October 19, 2009