DATE: 20010910
DOCKET: M27511, C32772

COURT OF APPEAL FOR ONTARIO

RE:

SUSAN SHEWAN (Plaintiff/Appellant) v. ATTORNEY GENERAL OF CANADA (by the Government of the Yukon Territory, Department of Tourism), CANADIAN AIRLINES INTERNATIONAL LTD./LIGNES AERIENNES CANADIEN INTERNATIONAL LTEE., and GOVERNMENT OF YUKON (by the Government of Yukon, Department of Tourism) (Defendants/Respondent)

BEFORE:

OSBORNE A.C.J.O., MOLDAVER and SHARPE JJ.A.

COUNSEL:

Susan Shewan in person for the appellant

Thomas Donnelly for the respondent

HEARD:

June 29, 2001

E N D O R S E M E N T

[1] The appellant’s claim was dismissed at trial by Archibald J. who gave detailed written reasons for judgment on July 28, 1999. The appellant appealed that decision to this court. She ordered transcripts of the trial in September 1999, but still has not paid the required deposit to the court reporter. Without a deposit, the court reporter will not prepare the transcripts.

[2] Faced with the Registrar’s Notice of Intention to Dismiss the Appeal for Delay, the appellant moved for an order extending the time to perfect the appeal. That motion was heard by Finlayson J.A. on October 4, 2000. He noted that the appellant was seeking legal aid. He gave the appellant an additional 30 days to obtain a legal aid certificate, retain a lawyer and move for a further extension. Otherwise, the appeal was to be dismissed.

[3] The appellant did not comply with that order, but brought a further motion for an order extending the time to file a notice of motion for a review by a panel of Finlayson J.A.’s order. Laskin J.A. heard that motion. In his endorsement dated November 21, 2000, he noted that the appellant had failed to put forward any evidence that she could pay for or otherwise obtain the transcripts. Laskin J.A. also concluded as follows: “Moreover, the trial judge made findings of fact against [the appellant] on every disputed issue and the appellant has not put forward any arguable of appeal.” As a result, Laskin J.A. ordered that the appeal be dismissed in accordance with the order of Finlayson J.A.

[4] The appellant now moves before us for an order extending the time to review the order of Laskin J.A.

[5] In these circumstances, the motion must be dismissed. There is still no evidence to indicate that there is any reasonable prospect that the appellant will be able to obtain legal aid or otherwise be in a position to pay for the transcripts required for the appeal to proceed. The appeal was dismissed only after the appellant was given an extension of time in order to make the necessary arrangements so that she could proceed with her appeal. Almost a year has gone by and she still has not provided the court with any indication of how or when she could pay for the transcripts and proceed with the appeal in a reasonable fashion.

[6] Accordingly, the motion is dismissed with costs to be assessed.

“C.A. Osborne A.C.J.O.”

“M.J. Moldaver J.A.”

“Robert J. Sharpe J.A.”