Gutierrez v. Gobena, 2010 ONSC 5439

Introduction

1Mr. Uma Gobena moves to extend the time to appeal from the judgment of the Deputy Small Claims Court Judge dated November 23, 2009.

Analysis

2The governing principle as to whether to extend the time to file a Notice of Appeal is whether the “Justice of the case” warrants extension.

3Here, 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.

4The 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.

5Further, 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.

Disposition

6In 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.

7There will be no costs of this motion.