CITATION: Thorndale Partners Inc. v. AIG Life Insurance Company of Canada, 2007 ONCA 158

DATE: 20070309

DOCKET: C44616

COURT OF APPEAL FOR ONTARIO

RE:

THORNDALE PARTNERS INC., THONDALE PARTNERS and RICHARD HUGHES (Defendant/Appellant) – and – AIG LIFE INSURANCE COMPANY OF CANADA (Plaintiff/Respondent)

BEFORE:

LASKIN, FELDMAN and ROULEAU JJ.A.

COUNSEL:

Richard Hughes

in person

Stephen Brogden

for the respondent

HEARD & ENDORSED:

March 9, 2007

On appeal from the order of Justice Patrick J. Flynn of the Superior Court of Justice dated November 23, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] The motion judge ought not to have refused to hear from counsel for the appellant. We also note that the outstanding undertakings related only to the counterclaim, yet the motion judge struck out both the counterclaim and the defence.

[2] Despite the lengthy delay in this proceeding, we think the order ought to be set aside.

[3] Accordingly, the appeal is allowed, the order of the motion judge is set aside and the plaintiff’s motion is dismissed. There shall be no costs of either the motion or the appeal.