Court of Appeal for Ontario

Citation: Henrietta-Harvey Estate v. Homer, 2014 ONCA 262

Date: 20140402

Docket: C57050

Before: Feldman, Rouleau and Hourigan JJ.A.

Between

Shenelle Holm, trustee for the estate of Karnetto Henrietta-Harvey and Antonio Spaziano Plaintiff (Appellant)

and

J. Wayne Homer Defendant (Respondent)

Counsel: Chris Agriropoulos, for the appellant Scott W. Beattie, for the respondent

Heard: March 31, 2014

On appeal from the order of Justice James Ramsay of the Superior Court of Justice, dated April 16, 2013.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the discretionary order of the motion judge who denied an adjournment after allowing counsel to be removed from the record and when the appellant was not there in person to address the court on the summary judgment motion. Although in other circumstances it might be appropriate to set aside the summary judgment, we would not do so in this case.

[2] The motion judge noted that the claim was clearly statute-barred. There is nothing on the record before this court to suggest any basis for setting aside that finding. In those circumstances, we would not interfere with the order made by the motion judge granting summary judgement dismissing the action.

[3] The appeal is therefore dismissed with costs fixed at $2,500 inclusive of disbursements and HST, in light of earlier costs orders.