Court of Appeal for Ontario
Date: 2018-10-16 Docket: C63448
Panel: Feldman, Pepall and Pardu JJ.A.
Between
Mihrali Celik Appellant / (Applicant)
and
TD Canada Trust, Canada Trust, TD Bank Financial Group, Toronto-Dominion Bank Respondents / (Respondents)
Counsel
- Mihrali Celik, in person
- Richard Forget, for the appellant
- James Riewald, for the respondent
Heard and released orally: October 16, 2018
On appeal from: the order of Justice Peter B. Hockin of the Superior Court of Justice, dated October 4, 2016.
Reasons for Decision
[1] Mr. Forget appeared today for the first time, having been contacted this morning by Mr. Celik and asked to assist with the appeal. He asked for an adjournment of 45-60 days to review the file and to prepare a new factum focusing only on the mental impairment issue depending on his review of the transcript.
[2] Mr. Riewald took a very fair position with the court. He opposes the adjournment request because there have been a number of them since September 2017 and a cost order has gone unpaid. However, recognizing that Mr. Forget was only contacted today, he submitted in the alternative that if an adjournment were to be granted, costs thrown away for today of $2,500 and the $1,000 ordered in September 2017 be paid forthwith or at least prior to the return date of the appeal as terms of the adjournment.
[3] In light of the submission that the issue of mental disability was not addressed by the trial judge, and Mr. Forget's undertaking to go on the record if the adjournment is granted, the adjournment will be granted on the following conditions:
Mr. Forget will go on the record within one week;
Costs of $2,500 for today and $1,000 ordered in September 2017 to be paid by Mr. Celik within 14 days of today;
Mr. Forget may file a further factum as advised within 30 days of today;
Failing to comply with any of these conditions will result in the appeal being dismissed by the registrar. Mr. Riewald is to advise the court whether the costs have been paid after the 14 day time period has gone by;
Leave is granted to the respondent to file a new responding factum as advised;
The balance of the costs of the appeal, including any further preparation required to be done as a result of the new factums to be left to the panel hearing the appeal.
[4] The adjournment is therefore granted to a date to be set by the registrar within 60 days if possible. Counsel is to be in touch with the registrar for that purpose.
K. Feldman J.A.
S.E. Pepall J.A.
G. Pardu J.A.
