Court File and Parties
CITATION: Glanworth Developments Inc. v. Toryork Financial Services Ltd., 2018 ONSC 3614
DIVISIONAL COURT FILE NO.: 097/17
DATE: 20180611
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C.
BETWEEN:
Glanworth Developments Inc., Alex Furney and Maryam Furney
Applicant
– and –
Toryork Financial Services Ltd.
Respondent
Self-Represented
Self-Represented
HEARD at Toronto: June 8, 2018
Reasons for Judgment
[1] Toryork Financial Services Limited successfully sued the applicants in the Small Claims Court for a brokerage fee of 2% for arranging a mortgage in excess of $1 million. The Small Claims Court decision was released on February 1, 2017. The applicants served and filed an appeal from that decision. Their appeal was dismissed because the applicants failed to perfect their appeal within one year after filing the notice of appeal. The applicants now move for an order extending the time for perfecting their appeal.
[2] The application is dismissed. The applicants have failed to explain the reason for the delay.
[3] The applicants did file a medical record of Alex Furney which indicates that he is ill with cancer. However, the medical record indicates medical appointments, beginning March 22, 2018 after the appeal has already been dismissed by the Divisional Court. In addition, the applicants insisted that the transcript of the Small Claims Court proceeding was necessary on the appeal. They knew that no transcript would be turned over to them until they paid for it in advance. The applicants also knew that their appeal could not be perfected without the transcript which they insisted was necessary. Despite this fact, over the course of the entire year they made no attempt to pay for and thereby obtain the transcript. Finally, it is not clear from the material filed that the proposed appeal has any merit.
[4] Accordingly, the application is dismissed. There will be no order concerning costs.
MARROCCO A.C.J.S.C.
Released: 20180611
CITATION: Glanworth Developments Inc. v. Toryork Financial Services Ltd., 2018 ONSC 3614
DIVISIONAL COURT FILE NO.: 097/17
DATE: 20180611
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C.
BETWEEN:
Glanworth Developments Inc., Alex Furney and Maryam Furney
Applicant
– and –
Toryork Financial Services Ltd.
Respondent
REASONS FOR JUDGMENT
Released: 20180611