CITATION: Osborne v. Gilbert, 2007 ONCA 202

DATE: 20070323

DOCKET: C44698

COURT OF APPEAL FOR ONTARIO

RE:

WAYNE G. OSBORNE (Plaintiff/Appellant) – and – PETER F. GILBERT (Defendant/Respondent)

BEFORE:

ROSENBERG, ARMSTRONG and JURIANSZ JJ.A.

COUNSEL:

Richard L. Hammond

for the appellant

David A. Potts and Norman Groot

for the respondent

HEARD & ENDORSED:

March 20, 2007

On appeal from the judgment of Justice Michael R. Dambrot of the Superior Court of Justice dated November 28, 2005.

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

[1] The appellant has discharged previous counsel and retained Mr. Hammond. Mr. Hammond concedes that there is no merit to the grounds of appeal set out in the appellant’s factum but seeks an adjournment to raise a new ground of appeal; ineffective assistance of counsel. The application for an adjournment is refused. There is no merit to the proposed ground of appeal. See D.W. v. White, [2004] O.J. No. 3341 (C.A.) at paras. 51 and 55. This case clearly does not fall within the exceptional circumstances referred to in para. 55 of D.W. v. White.

[2] Accordingly, the appeal is dismissed.