Court of Appeal for Ontario

Date: 2013-12-31 Docket: M43244 (C57705)

Before: Lauwers J.A. (via teleconference)

Between

Austco Marketing and Services (Canada) Limited Applicant (Respondent)

and

Lloyd’s Underwriters Respondent (Appellant)

Counsel: Dina Maxwell, for the moving party J.S. Cavanagh, for the respondent

Heard: December 30, 2013

On application for an order to extend the time to perfect the appeal to two weeks after receipt of the issued and entered judgement of Justice Wolfram Tausendfreund of the Superior Court of Justice, dated August 26, 2013.

Appeal Book Endorsement

[1] In this appeal, the appellant has demonstrated a firm intent to appeal from the outset. Its failure to perfect the appeal on time is reasonably explained by the Superior Court Office’s failure to retrieve the judgment to be issued and entered from Justice Tausendfreund, and a failure of the Court of Appeal Office to accept the filing in the absence of an issued and entered judgment. The motion is granted and the time to perfect the appeal extended to two weeks after counsel’s receipt of the issued and entered judgment.

[2] Counsel for the applicant is directed to personally contact the registrar of the Superior Court in Ottawa to pursue the issue, and, in particular, is directed to arrange a telephone attendance with Justice Tausendfreund as soon as possible if the signed judgment is not produced forthwith.