Court File and Parties

Citation: 1769656 Ontario Inc. v. Philpotts, 2011 ONCA 489

Date: 20110704

Docket: C53261

Court of Appeal for Ontario

MacPherson, Juriansz and Karakatsanis JJ.A.

Between

1769656 Ontario Inc.

Plaintiff (Respondent in appeal)

and

Leslie Philpotts and Yamunakumari Nithiananthan

Defendants (Appellant in appeal)

Counsel:

Norman Epstein, for the appellant

Norman Silver, for the respondent

Heard and released orally: June 29, 2011

On appeal from the order of Justice Thomas J. McEwen of the Superior Court of Justice, dated January 4, 2011.

Endorsement

[1] The appellant Yamunakumari Nithiananthan appeals the order of McEwen J. of the Superior Court of Justice dated January 4, 2011 granting leave to the respondent to issue a writ of possession against the appellant for the lands municipally known as 22 Gaitwin Place, Scarborough.

[2] The appellant contends that the motion judge erred by refusing her, a self-represented litigant on the day of the motion hearing, an adjournment.

[3] We disagree. In light of the previous chronology of the case and the material before the court, the motion judge was entitled to exercise his discretion and refuse the request for an adjournment.

[4] On the merits, we see no error in the motion judge’s reasons. The appellant is not the owner of the subject property and has no legal interest in it. Moreover, the motion judge’s order provided the appellant 60 days to try to take steps to remain as a tenant in the property. In addition, she is permitted to continue her action in Toronto relating to her fraud allegations.

[5] The appeal is dismissed. We note that the respondent has undertaken to provide the appellant 14 days to vacate the property. The respondent is entitled to its costs of the appeal fixed at $4,000 inclusive of disbursements and HST.

“J.C. MacPherson J.A.”

“R.G. Juriansz J.A.”

“Karakatsanis J.A.”