Court File and Parties

CITATION: Berry v. Hall, 2010 ONCA 546

DATE: 20100810

DOCKET: C50838

COURT OF APPEAL FOR ONTARIO

BEFORE: Rosenberg, Goudge and Feldman JJ.A.

BETWEEN

Margaret Berry

Plaintiff (Respondent)

and

Marilyn Alvena Hall and Walter Mervin Hall Personally and in their capacities as Executors and Trustees of the Last Will and Testament of Norma Alvena Bonisteel

Defendants (Appellants)

COUNSEL:

Jon-David Giacomelli and Timothea Leung, for the appellants

Bruce A. MacDonald, for the respondent

HEARD: August 9, 2010

On appeal from the judgment of Justice Alan C. R. Whitten of the Superior Court of Justice dated June 22, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant founds her appeal on the trial judge having proceeded with the trial in her absence, not having inquired into why she acted as she did by leaving the courtroom. In our view the trial judge was faced with a litigant saying she could not go through a trial, was without resources to retain a lawyer and felt the proceedings were a charade. She had decided therefore to leave. In the circumstances we can see no error in the trial judge proceeding with the trial after the appellant left.

[2] The appeal is dismissed.

[3] Costs to the respondent fixed at $4,000 inclusive of disbursements and applicable taxes.