DATE: 20060103

DOCKET: M33321 (C44467)

COURT OF APPEAL FOR ONTARIO

RE:

METROPOLITAN TORONTO CONDOMINIUM CORPORATION (Applicant (Respondent)) – and – ARTHUR FROOM (Respondent (Appellant))

BEFORE:

LaFORME J.A. (In Chambers)

COUNSEL:

Arthur Froom, in person For the Appellant

Christopher Jaglowitz For the Respondent

HEARD:

January 3, 2006 (In writing)

E N D O R S E M E N T

[1] By agreement of the parties, this is motion in writing pursuant to subrule 37.12.1(4). The appellant, Mr. Froom – who was self-represented in the proceedings below and on this appeal - brings this motion to extend time for perfecting his appeal and to dispense with the need to file an appeal book and compendium, or exhibit book. The respondent opposes the motion.

[2] The respondent brought an application in the Superior Court of Justice, which resulted in the respondent, by order dated October 14, 2005, being granted some of the relief sought. The appellant appealed that order, and the time to perfect his appeal was December 19, 2005.

[3] The appellant submits that because of his health issues and his inability to obtain a typed copy of the application judge’s endorsement, he is unable to perfect his appeal in a timely fashion. Next, the appellant contends that because the two issues subject of the appeal are narrow, and to make it easier and less expensive to perfect the appeal, an appeal book and compendium, or exhibit book is unnecessary.

[4] In his most recent affidavit material, the appellant demonstrates that he has had serious health issues that could have impacted on his ability to perfect his appeal in a timely fashion. Moreover, although it was unnecessary to pursue a typed copy of the judge’s endorsement directly from the judge’s office, he now has such a copy. This leaves only the matter of his health, which does not appear to prohibit him from perfecting his appeal, if additional time is granted.

[5] I recognize that some of the issues that have troubled the appellant in perfecting his appeal - such as his insistence on a judge’s typed copy of the order - are of his own making. As well, in all other respects this is a relatively simple appeal and does not require any unusual or complicated steps in perfecting it. Nevertheless, in all the circumstances, I am satisfied that health issues have impacted on the appellant’s ability to perfect his appeal in a timely fashion. Accordingly, the appellant’s time for doing so is hereby extended to February 3, 2006.

[6] Relief from the requirement to file an appeal book and compendium, or appeal book may be granted, “if it is necessary in the interest of justice”: rule 61.09(4). As the appellant correctly notes, the appeal is in connection with two narrow issues. Thus, any appeal book and compendium will be brief and uncomplicated, and it will not involve any undue expense. The appellant has not provided any other reasons for seeking relief of this requirement, and the reasons given fall far short of demonstrating that it is necessary in the interest of justice. This relief is therefore denied.

[7] For the benefit of the appellant, it is worth noting that, some of the purposes of an appeal book and compendium include: (i) the focusing of the appeal to only the relevant issues; (ii) assisting both the parties and the panel of judges to a consideration of only the relevant portions of the record, and (iii) the efficient use of the limited resource of time available to the court to hear appeals. Thus, it is in the appellant’s best interest to comply with this requirement, and it is ordered that he do so.

[8] Finally, the respondent notes that the appellant has not yet delivered a certificate respecting evidence as required by subrule 61.05. The appellant acknowledges this and says it is because he wishes to reach an agreement with the respondent on this issue. Although this issue is not strictly before me in terms of requiring a formal order, I believe it does require some brief comment. In this regard, and given the response to this motion, I consider that it would be sensible for the appellant to strictly comply with the rules and deliver up the certificate.

[9] For all of the above reasons I order that, the time for perfecting the appeal is extended to February 3, 2006, and relief against filing an appeal book and compendium, or exhibit book is denied. Given the result, I make no order as to costs.

“H.S. LaForme J.A.”