Court File and Parties
DIVISIONAL COURT FILE NO.: 102/14
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON J.
BETWEEN:
THE HUMANE SOCIETY OF CANADA
Plaintiff
(Moving Party)
– and –
THE HONOURABLE JOHN B. WEBBER, Q.C.
Defendant
(Respondent)
Michael O’Sullivan, for the Plaintiff (Moving Party)
Elizabeth Bowker, for the Defendant (Respondent)
HEARD at Toronto: March 25, 2014
Oral Reasons for Judgment
ASTON J. (orally)
1The moving party, The Humane Society, has met most of the test for an extension of time but the nub of the issue today is whether there is any apparent merit for the proposed appeal.
2Mr. Webber received and acted upon a Notice to Mediate issued under the authority of the Condominium Act but his Certificate of Non-Compliance erroneously referred to a separate legal action between the parties. The plaintiff, in Small Claims Court asserts that he was negligent in that regard. Not every mistake is actionable. The Humane Society was able to point out the error to Master Brott on August 21, 2012. Her order recognized the validity of the Humane Society’s position. The Humane Society was unable to explain to Deputy Judge Ashby how any damages could be causally connected to the error.
3Moreover, it is apparent from reading the plaintiff’s claim in the Small Claims Court action that any remedy it may have is properly asserted against the Condominium Corporation or other individuals and not Mr. Webber.
4It is apparent to me that there is no merit to the proposed appeal. The motion for an extension of time is dismissed.
Costs
5I have endorsed the back of the Motion Record, “For oral reasons given and recorded, this motion is dismissed. Humane Society to pay costs fixed at $1,500 all inclusive.”
ASTON J.
Date of Reasons for Judgment: March 25, 2014
Date of Release: March 28, 2014
CITATION: The Humane Society of Canada v. Webber, 2014 ONSC 1930
DIVISIONAL COURT FILE NO.: 102/14
DATE: 20140325
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON J.
BETWEEN:
THE HUMANE SOCIETY OF CANADA
Plaintiff
(Moving Party)
– and –
THE HONOURABLE JOHN B. WEBBER, Q.C.
Defendant
(Respondent)
ORAL REASONS FOR JUDGMENT
ASTON J.
Date of Reasons for Judgment: March 25, 2014
Date of Release: March 28, 2014