Court of Appeal for Ontario

CITATION: Quick Motion Ltd. v. New United Group Co. Ltd., 2008 ONCA 262

DATE: 20080409

DOCKET: C47537

BEFORE: MOLDAVER, CRONK and BLAIR JJ.A.

BETWEEN:

QUICK MOTION LTD.

Applicant (Respondent in Appeal)

and

NEW UNITED GROUP CO. LTD. carrying on business as ALL 99 CENTS CENTRE, as ALL 99¢, and as P & L DEPARTMENT CENTRE

Respondent (Appellant on Appeal)

COUNSEL:

Andrew B. Matheson and Alastair McNish for the appellant

Albert G. Formosa for the respondent

Heard and endorsed: April 8, 2008

On appeal from the judgment of Justice Bonnie L. Croll of the Superior Court of Justice dated July 9, 2007.

APPEAL BOOK ENDORSEMENT

[1] In view of the history of delays occasioned by the appellant, the indulgences granted to it and the notice given to the appellant by Master Haberman in her order of May 31, 2007, we are not persuaded that Croll J. erred in exercising her discretion against allowing viva voce evidence to be called on behalf of the appellant. In the circumstances, there was no procedural unfairness or denial of natural justice to the appellant.

[2] Accordingly, the appeal is dismissed. Costs to the respondent in the amount of $7,500 inclusive of GST and disbursements.