Court of Appeal for Ontario

Citation: Beres v. Stoner, 2008 ONCA 425

Date: 20080528

Docket: C48676

Before: SHARPE, ARMSTRONG and ROULEAU JJ.A.

Between:

SHARON BERES and WILLIAM BERES

Plaintiffs (Appellants)

and

GEORGE ROY STONER MOTOR INSURANCE CORPORATION

Defendants (Respondents)

and

KINGSWAY GENERAL INSURANCE COMPANY

Added by order pursuant to s. 258(14) of the Insurance Act, R.S.O. 1990, c. I.8.

Third Party/Respondent

Counsel:

Tina Lee for the appellant

Zoran Samac and Aldo Picchetti for the respondent

Heard: May 27, 2008

On appeal from the judgment of Justice Linda M. Walters of the Superior Court of Justice dated December 12, 2006.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that the trial judge erred in dismissing the appellants’ personal injury action when the appellant failed to proceed with her case on the date set for trial. This was the fourth trial date. While the first date was missed because no judge was available, the appellant discharged her second and third lawyers shortly before the second and third trial dates and was granted adjournments. On the third trial date, Taliano J. carefully reviewed the situation and granted an adjournment on strict terms. In particular, he ordered that the case would proceed on the next trial date with or without counsel. One year later, the appellant still had no counsel, offered no adequate explanation for why she did not have counsel and she appeared without her file. The trial judge ordered a pre-trial conference before a different judge and, failing resolution, ordered that the trial proceed the next day. The case was not settled on the pre-trial and the next day the appellant refused to proceed.

[2] In our view, it was clearly open to the trial judge to conclude that the appellant had failed to take reasonable steps to be prepared for trial and it was well within the trial judge’s discretion to refuse yet another adjournment and to dismiss the action.

[3] Accordingly, the appeal is dismissed. No order as to costs.