CITATION: Bank of Montreal v. Farquharson, 2011 ONCA 52
DATE: 20110120
DOCKET: C52365
COURT OF APPEAL FOR ONTARIO
Rosenberg, Goudge and Armstrong JJ.A.
BETWEEN
Bank of Montreal
Plaintiff, Respondent
and
Errol Grandville Farquharson
Defendant, Appellant
Counsel:
Warren A. Lyon, for the appellant
Amanda Jackson, for the respondent
Heard: January 19, 2011
On appeal from the judgment of Justice J. A. Milanetti of the Superior Court of Justice dated June 8, 2010.
APPEAL BOOK ENDORSEMENT
[1] My order required the appellant to bring a motion for an adjournment by January 7, 2011. He did not do so, but now being in the process of retaining Mr. Lyon, seeks an adjournment. The reasons put forward for the adjournment are fragile but to ensure that the appellant is treated fairly, we will grant an adjournment to February 23, 2011 on the following conditions:
Any further material, such as a new factum, is to be served and filed by January 26, 2011.
The costs ordered by Blair J.A. and costs of today’s attendance totalling $8,673.39 are to be paid by February 1, 2011.
[2] If the costs are not paid by February 1, 2011, the respondent may move without notice before a single judge to have the appeal dismissed.