CITATION: Glenny v. Niarchos Realty Limited, 2009 ONCA 330

DATE: 20090423

DOCKET: C49734

COURT OF APPEAL FOR ONTARIO

Goudge, Sharpe and Armstrong JJ.A.

BETWEEN:

James Glenny

Appellant (Defendant)

and

Niarchos Realty Limited

Respondent (Plaintiff)

Shan Padda, for the appellant

Stephen Moreau ad Katie Gibson, for the respondent

Heard and endorsed orally: April 20, 2009

On appeal from the order of Justice David Aston of the Superior Court of Justice dated November 3, 2008.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the order appealed from. The motion judge acted within his discretion in denying an adjournment. We also agree that on a good hard look the appellant has failed to show a good defence on the merits. The appeal is dismissed.

[2] Costs to the respondent fixed at $2,500 inclusive of disbursements and G.S.T.