Court of Appeal for Ontario

Citation: Chrzanowski v. Harmer Podolak Engineering Consultants Inc., 2010 ONCA 282

Date: 20100416

Docket: C51149

Before: Sharpe, Cronk and MacFarland JJ.A.

Between:

Henryk Chrzanowski

Plaintiff (Appellant)

and

Harmer Podolak Engineering Consultants Inc.

Defendant (Respondent)

Counsel:

Henryk Chrzanowski in person

Elise J. Hallewick and Mirksy Pascoe, for the defendant (respondent)

Heard: April 14, 2010

On appeal from the judgment of Justice Julianne A. Parfett of the Superior Court of Justice dated September 22, 2009.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the reasons of the motion judge dismissing the appellant’s motion to set aside the Registrar’s order dismissing the action for delay. The record fully supports the motion judge’s finding that the appellant failed to prosecute their action in a timely fashion, and in particular, that he failed to move with sufficient promptness once his action had been dismissed for delay. The motion judge also found that the defendant would suffer substantial prejudice as it had relied on the Registrar’s order dismissing the action and destroying relevant records.

[2] Accordingly, the appeal is dismissed. No costs requested.