Court File and Parties
DIVISIONAL COURT FILE NO.: DC-24-332-00ML
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
BETWEEN:
A & A FLOORING SUPPLIES INC. - Applicant (Appellant)
AND:
IRAJ GARDIDEH - Respondent
BEFORE: Leiper J.
COUNSEL: Counsel for the Applicant/Appellant – Lenard Kotylo Counsel for the Respondent – Rob Moubarak
HEARD: In Writing – June 17, 2024
ENDORSEMENT
1The Applicant, A and A Flooring brought a motion in writing for an extension of time in which to serve and file its Notice of Appeal from a final decision of Deputy Judge H. Swartz made on May 2, 2024 in the Small Claims Court.
2The Respondent, Iraj Gardideh, takes no position on the motion.
3The underlying claim involved an alleged contract between the parties for the Applicant to provide services to the Respondent for residential renovations. The evidence filed on this motion establishes that the President of the Applicant provided instructions to initiate an appeal from the decision of the Deputy Judge finding in favour of the Respondent.
4Further, the evidence filed on the motion shows that through Applicant’s counsel’s inadvertence, the Notice of Appeal was not served and filed in time. Counsel was mistaken as to the date of the order and had multiple files in other jurisdictions.
5The motion for an extension of time was served and filed on June 6, 2024, four days after the due date.
6I find that the Applicant had an intention to appeal within the time provided. The length of the delay is short. The Respondent does not oppose the request for an extension. There is no evidence of prejudice flowing from the extension requested.
7I grant the motion for an extension of time. The Applicant shall serve and file his Notice of Appeal within 15 days of this order.
Leiper, J.
Date: June 17, 2024