Court File and Parties

CITATION: Windy Ridge Developments Inc. v. Neil T. Norris, 2007 ONCA 490

DATE: 20070629

DOCKET: C45322

COURT OF APPEAL FOR ONTARIO

SIMMONS, MACFARLAND JJ.A. and EPSTEIN J. (ad hoc)

BETWEEN:

WINDY RIDGE DEVELOPMENTS INC., WINDY RIDGE HOMES INC. and CARNARVON LUMBER & LANDSCAPE CENTRE INC.

Plaintiff (Respondents)

And

NEIL T. NORRIS and 1576949 ONTARIO INC.

Defendant (Appellant)

Counsel: D. Benson for the appellant James R. Webster for the respondents

Heard and endorsed: June 29, 2007

On appeal from the judgment of Justice Bruce A. Glass of the Superior Court of Justice dated March 31, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appeal of Neil Norris is dismissed as abandoned. Although the corporate appellant has taken no steps to perfect its appeal in over fifteen months, it appears that this may be due to some miscommunication between lawyers. Mr. Webster has not identified any prejudice that will arise from a brief adjournment. Accordingly, the corporate appellant’s appeal is adjourned to a date to be fixed by the Appeal Scheduling Unit upon the appeal being perfected. The terms of the adjournment are that the corporate appellant shall comply with para. 2 of the order of Goudge J.A. dated June 15, 2007 within thirty days from June 15, 2007, and the appeal shall be perfected within sixty days from today.

[2] Further, the corporate appellant shall pay the respondent’s costs thrown away of today fixed in the amount of $1,500 within thirty days from today. In default of compliance with any of these terms, the registrar shall immediately dismiss the corporate appellant’s appeal as abandoned.