COURT OF APPEAL FOR ONTARIO

CITATION: British Methodist Episcopal Church v. Davis, 2012 ONCA 374

DATE: 20120604

DOCKET: C53638

BEFORE: Goudge, Simmons and Rouleau JJ.A.

BETWEEN

The British Methodist Episcopal Church

Applicant (Respondent)

and

Erica Davis

Respondent (Appellant)

COUNSEL:

Erica Davis, appearing in person

M. Czuma, for the respondent

HEARD: May 30, 2012

On appeal from the order of Justice Thomas A. Bielby of the Superior Court of Justice, dated March 28, 2011.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals from the denial of her request for an adjournment and the subsequent dismissal of her cross application, since no one appeared for her on the cross application once the adjournment was denied.

[2] She offers only one argument that has any relevance to the issue, namely that counsel for the respondent had no authority to act that day.

[3] However the motion judge had no material before him that would demonstrate what she now says, and the counsel who appeared for her that day but only on the adjournment request, expressly declined to pursue the matter of counsel’s authority. In these circumstances, the motion judge was entitled to accept the respondent’s counsel’s assurance that he had authority and to exercise his discretion to deny the adjournment.

[4] We see no error in the endorsement appealed from.

[5] The appeal is dismissed. Costs to the respondent of $2500.