Court File and Parties
CITATION: Gutierrez v. Gobena, 2010 ONSC 5439
DIVISIONAL COURT FILE NO.: 404/10
DATE: 20101001
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEDERMAN J.
BETWEEN:
ABNGELICA GUTIERREZ
Plaintiff
– and –
UMA GOBENA
Defendant
No One Appearing
In Person
HEARD at Toronto: October 1, 2010
Oral Reasons for Judgment
LEDERMAN J. (orally)
[1] Mr. Uma Gobena moves to extend the time to appeal from the judgment of the Deputy Small Claims Court Judge dated November 23, 2009.
[2] The governing principle as to whether to extend the time to file a Notice of Appeal is whether the “Justice of the case” warrants extension.
[3] Here, there has been a delay of approximately nine months. However, there is evidence that the moving party was suffering from depression during the relevant period impairing his ability to deal with the issue of an appeal.
[4] The respondent plaintiff Abngelica Gutierrez has not appeared on this motion. There is no evidence that there would be any prejudice to her if an extension were to be granted.
[5] Further, there is an arguable question of law involving the interpretation of s.76 of the Fire Protection and Prevention Act, S.O. 1997, c.4.
[6] In the circumstances, an extension of time to appeal is justified and an order will go extending the time to deliver a Notice of Appeal by October 8, 2010.
[7] There will be no costs of this motion.
LEDERMAN J.
Date of Reasons for Judgment: October 1, 2010
Date of Release: October 4, 2010
CITATION: Gutierrez v. Gobena, 2010 ONSC 5439
DIVISIONAL COURT FILE NO.: 404/10
DATE: 20101001
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEDERMAN J.
BETWEEN:
ABNGELICA GUTIERREZ
Plaintiff
– and –
UMA GOBENA
Defendant
ORAL REASONS FOR JUDGMENT
LEDERMAN J.
Date of Reasons for Judgment: October 1, 2010
Date of Release: October 4, 2010