Court of Appeal for Ontario

CITATION: Firth v. Resendes, 2008 ONCA 612

DATE: 20080909

DOCKET: M36458 C48743

Weiler, Simmons and Rouleau JJ.A.

BETWEEN:

Selwyn Firth

Plaintiff/Appellant

and

Eusebio Resendes, Carlos Resendes, Michelle Ahamad and Ali Ahamad

Defendants/Respondents

Counsel:

Andrew K. Lee for the respondents

Selwyn Firth, the appellant in person

Heard and released orally: September 3, 2008

ENDORSEMENT

[1] The appellant’s proposed appeal concerning the merits relates to decisions dated January 31, 2006, February 8, 2006 and March 27, 2006, and his proposed appeal concerning costs relates to a decision dated April 2, 2008. The appellant’s notice of appeal is dated May 7, 2008.

[2] As it relates to decisions on the merits, the notice of appeal is significantly out of time. Concerning the costs decision the notice of appeal is somewhat out of time and improperly constituted.

[3] The appellant attends today and claims that there are circumstances that would support an extension of time to file his notice of appeal, including ordering the transcript of the trial soon after the jury’s verdict. However, the appellant has not filed an affidavit in response to the motion to support his request for an extension.

[4] In all of the circumstances, the appeal should be quashed without prejudice to the appellant’s right to move on proper material for an extension of time to file a notice of appeal. Such motion shall address the issue of jurisdiction and shall be made returnable no later than October 1, 2008.

[5] Costs of today are to the respondent moving party to quash and must be paid prior to any motion to extend. These costs are fixed in the amount of $2,500.00 inclusive of disbursements and applicable G.S.T.

“K. M. Weiler J.A.”

“Janet Simmons J.A.”

“Paul Rouleau J.A.”