Court File and Parties
COURT OF APPEAL FOR ONTARIO
CITATION: Tarlo Lyons v. Gauthier, 2012 ONCA 39 DATE: 20120119 DOCKET: C54352
Goudge, Epstein JJ.A., and Newbould J. (ad hoc)
BETWEEN
Tarlo Lyons (A Firm) Applicant (Respondent)
and
Jacques Gauthier T/A Gauthier & Associates Respondent (Appellant)
Counsel: Paul-Erik Veel and Brian Kolenda for the appellant Deborah Templer and Tanya Rocca, for the respondent
Heard: January 18, 2012
On appeal from the order of Justice Grace of the Superior Court of Justice, dated August 25, 2011.
APPEAL BOOK ENDORSEMENT
[1] The appellant raises three arguments. First, he says that the English process denied him natural justice, both in the registration of the default judgment and in the refusal to set it aside.
[2] We do not agree. The appellant had ample opportunity to be heard, had he complied with the English rules of court. Natural justice requires no more. Nor do we view the refusal to set it aside on the basis of a paper record only as raising a breach of natural justice. We cannot say that, had the same set of events unfolded here, it would have constituted a clear denial of our principles of natural justice.
[3] Second, the appellant says the denial of an adjournment constitutes a breach of his right to natural justice. Again we disagree. In our view, whether to grant or deny an adjournment request is quintessentially an exercise of judicial discretion. We see nothing in these circumstances that would require a different result under our principles of natural justice.
[4] Third, the appellant agrees that the absence of reasons for not setting aside the costs order accompanying the default judgment denied him natural justice. The extent, if at all, to which the costs order was put in issue by the appellant before Master Fontaine is obscure at best on this record. We cannot say that this was a live issue before her that required reasons. The basis for this argument cannot be established.
[5] We therefore see no error in the reasons of the application judge. The appeal is dismissed. Costs to the respondent on a partial indemnity basis fixed at $11,000 inclusive of disbursements and applicable taxes.