Ranking v. Battah, 2008 ONCA 420

CITATION: Ranking v. Battah, 2008 ONCA 420

DATE: 20080527

DOCKET: C47961

COURT OF APPEAL FOR ONTARIO

MACPHERSON, JURIANSZ and WATT JJ.A.

BETWEEN:

GERALD N. RANKING, by his Litigation Guardian, GERALD L.R. RANKING

Applicant (Respondent)

and

DAVID BATTAH, in his capacity as the Executor and Trustee of the Estate of ROSELLA (MARGO) RANKING, Deceased

Respondent (Appellant)

Counsel:

A.J. Esterbauer and J. Ellis for the appellant

R.J. Walker for the respondent

Heard: May 23, 2008

On appeal from the judgment of Justice Kenneth A. Langdon of the Superior Court of Justice dated October 10, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals on four grounds. It is necessary to deal with only one. Unfortunately, after the motion judge refused the self-represented appellant’s request for an adjournment, he then proceeded as if the application was unopposed. It was not. The appellant was still there. Regrettably, the application judge did not call on him to say anything. He listened to the respondent’s counsel’s submission, but did not call on the appellant to respond. After five minutes, the appellant had lost more than $500,000 without being permitted to say a single word. This was a complete denial of natural justice.

[2] The appeal is allowed. The judgment below is set aside. The costs of the day before the application judge are reserved to the judge hearing the application.

[3] The appellant is entitled to its costs of the appeal fixed at $10,000 inclusive of disbursements and G.S.T.