Court of Appeal for Ontario

Citation: Baud v. 235 Grandravine Ltd., 2009 ONCA 783

Date: 2009-11-06

Docket: M37878

Before: Weiler, Sharpe and Blair J.A.

Between:

Robert Joseph Edouard Baud and Elisabeth Baud Elier Investments Incorporated

Appellants

and

235 Grandravine Ltd. 235 Grandravine Drive Inc.

Respondents

Counsel:

Robert Baud, for the appellants

Amber Stewart, for the respondents

Heard & released orally: November 4, 2009

ENDORSEMENT

[1] The moving parties ask us to set aside the order of Justice Rouleau dismissing their application to extend the time to file a notice of appeal from a judgment dated June 19, 2007. We see no error on the part of Justice Rouleau. There is nothing in the material or in the submissions made before us to cast any doubt on Justice Rouleau’s finding that the moving parties failed to offer any evidence to explain why they did not appear before Justice Campbell or why they took no steps for two years to appeal the judgment.

[2] The motion is dismissed with costs to the respondents in the amount of $400.00 all inclusive.

“K.M. Weiler J.A.”

“Robert J. Sharpe J.A.”

“R.A. Blair J.A.”