CITATION: Riggitano v. The Standard Life Assurance Company, 2010 ONCA 70
DATE: 20100127
DOCKET: C50568
COURT OF APPEAL FOR ONTARIO
O’Connor A.C.J.O., Armstrong and Juriansz JJ.A.
BETWEEN
Rosa Riggitano
Plaintiff (Appellant)
and
The Standard Life Assurance Company and Standard Life
Defendants (Respondents)
Paul R. Sweeny, for the appellant
Danielle Young, for the respondents
Heard: January 26, 2010
On appeal from the judgment of Justice S. Glithero of the Superior Court of Justice dated May 11, 2009.
APPEAL BOOK ENDORSEMENT
[1] This is an appeal from the decision of Glithero J. at a status hearing in which he dismissed this 2004 action because under Rule 48.14(13), the appellant failed to “show cause why the action should not be dismissed for delay” and, under sub-rule 48.14(13)(b), the court was “not satisfied that the action should proceed”. The status hearing was held in May 2009 because 5 years, much more than the 2 years set out in Rule 48.14(1) had elapsed since the respondents filed their March 2004 statement of defence.
[2] The status hearing judge had before him affidavits of the counsel for the plaintiff and counsel for the defendants. The affidavit of the counsel for the defendants was detailed and set out the complete history of the action. The status hearing judge accepted the history of the action as described in the defence affidavit. He was entitled to do so and we defer to his view of the facts as we are required to do. On his view of the facts his order dismissing the action was justified. The appeal on the merits is therefore dismissed.
Costs Appeal
[3] In respect of costs we would not grant leave to appeal.
Costs of the Appeal
[4] The respondents shall have their costs of the appeal and leave to appeal costs fixed at $10,000 inclusive of disbursements and GST.