COURT OF APPEAL FOR ONTARIO

CITATION: Pournaras v. Zuo, 2013 ONCA 269

DATE: 20130426

DOCKET: C56072

Blair, MacFarland and Rouleau JJ.A.

BETWEEN

Demetra Toula Pournaras, Athena Pournaras and Georgia Pournaras

Plaintiffs (Respondents)

and

Qiang Zuo and the Wawanesa Mutual Insurance Company

Defendants (Appellant)

Sue K. Chen, Bois Wilson for Qiang Zuo

Nicholas Kapelos, Timothy Kinnaird for the plaintiffs/respondents

ADDENDUM TO APPEAL BOOK ENDORSEMENT

[1] On February 13, 2013, this Court allowed the appeal of Qiang Zuo and set aside the order of Allen J. dated September 4, 2012. Allen J. had declined to set aside a default judgment granted by Whitaker J. on December 11, 2011. We also granted an order setting aside that default judgment and the costs order of Allen J. on the appeal from that judgment.

[2] Counsel for the appellant has written to the Court asking that we add to the foregoing orders certain other remedies that the endorsement did not speak to. In particular, she seeks an order:

a) setting aside the Noting in Default that had proceeded the default judgment;

b) lifting the Writ of Seizure and Sale #12-00001040 obtained on April 2, 2012 as a result of the default judgment;

c) setting aside the costs ordered by Whitaker J.; and

d) granting an extension of time for the filing of a statement of defence.

[3] Respondents’ counsel does not oppose (a), but resists the other relief sought. In addition he asks that we impose a timetable that would see the plaintiffs amending their statement of claim to increase their claim for damages and proceed under the ordinary procedure and otherwise provide for the filing of a defence, examinations for discovery and other timetable events.

[4] Although the points raised by Ms. Chen were not brought to our attention at the time we delivered our decision after oral argument, she did seek an order lifting the writ of execution and granting an extension of time for the filing of a defence in her factum.

[5] We conclude that the relief outlined in para. 2 (a)-(d) above flows naturally from our order setting aside the order of Allen J. and the default judgment of Whitaker J. Accordingly, we amend the endorsement and the order to include that relief. The appellant shall have until May 30, 2013 to serve and file his statement of defence.

[6] We decline to set a timetable or make any order otherwise. One of the issues on appeal was whether damages had been awarded beyond the jurisdiction of the court under the Simplified Rules, and, while we make no comment on the plaintiffs’ rights to take a different position at this stage of the action, no such relief was claimed here and we heard no submissions on that point. In other respects, it is for the Superior Court and not this Court to develop timetables for the processing of actions in that Court.

[7] Order accordingly.

“R.A. Blair J.A.”

“J. MacFarland J.A.”

“Paul Rouleau J.A.”