DATE: 20040709
DOCKET: C41546

COURT OF APPEAL FOR ONTARIO

RE:

HAN HOLDINGS LTD. (Plaintiff (Appellant) – and – MCG ADVISORS INC. et al. (Defendants (Respondents)

BEFORE:

McMURTRY C.J.O., FELDMAN and SIMMONS JJ.A.

COUNSEL:

Harold Geller

for the appellant

Y. Monica Song

for the respondent

HEARD & ENDORSED:

July 8, 2004

On appeal from the judgment of Justice Colin McKinnon of the Superior Court of Justice dated February 20, 2004 made at Ottawa, Ontario.

APPEAL BOOK ENDORSEMENT

[1] In oral argument the appellant raised the following matters that are not raised in its factum:

(1) that the appellant is not Han Holdings Ltd., but MCGI;

(2) that the sole ground of appeal is the failure of McKinnon J. to grant the appellant an adjournment of the summary judgment motion;

(3) that the only relief sought on the appeal is a stay of the judgment for nine weeks pending a motion under rule 15.02 to be heard on September 1 4, 2004.

[2] Although the motions judge failed to address the issue of an adjournment or of a stay pending determination of the issues in the plaintiff’s claim in his reasons, MCGI does not contest that the monies found owing are owing and that the sole issue was the appropriateness of a stay.

[3] The appellant sought the adjournment of the motion as it required more time to respond to the motion. However, the appellant has not sought to file any further evidence on the appeal to demonstrate what it would have put before the motions judge to support its request for a stay.

[4] On the record and based on counsel’s submissions before this court, we see no evidentiary basis for granting a stay or what value a limited stay would be to the appellant in respect of the outcome of the rule 15.02 motion.

[5] Accordingly, the appeal is dismissed with costs fixed in the amount of $8,500 for both the motion before Catzman J.A. and in this court.