Court of Appeal for Ontario

CITATION: Jeffs v. Freedom TV Inc., 2009 ONCA 774

DATE: 20091105

DOCKET: C50150

BEFORE: O’Connor A.C.J.O., Juriansz and Rouleau JJ.A.

BETWEEN:

Janice Jeffs

Plaintiff (Respondent)

and

Freedom TV Inc., Freedom Studios Inc. and Aaron Goldman

Defendants/Plaintiffs by Counterclaim (Applicants)

and

Janice Jeffs, John Jeffs, Clinton Jeffs and TMGM Leasing

Defendants by Counterclaim (Respondents)

COUNSEL:

Michael Girard, for the appellants

Charles Baker, for the respondents

HEARD and ORALLY RELEASED: October 29, 2009

On appeal from the orders of Justice Marchand of the Superior Court of Justice dated February 26, 2009.

ENDORSEMENT

[1] We are of the view that the motion judge did not err in refusing to set aside the order of Justice Boyko. There had been a three-month delay in bringing the motion and no explanation for that delay.

[2] We are also of the view that the motion judge did not err in ruling that rule 11.02 does not apply to the circumstances of this case.

[3] Finally, given the defendants’ extensive delays in this action, we see no basis for interfering with the motion judge’s decision to strike the defendants’ pleadings for non-compliance with his earlier order of December 11, 2008.

[4] The appeal is, therefore, dismissed. Costs to the respondent fixed in the amount of $6,000, inclusive of disbursements and GST.

“D. O’Connor A.C.J.O.”

“R. Juriansz J.A.”

“Paul Rouleau J.A.”