COURT OF APPEAL FOR ONTARIO
CITATION: Alfred Wegener Institute for Polar and Marine Research v. ALCI Aviation Ltd., 2014 ONCA 277
DATE: 20140407
DOCKET: C57959
Cronk, Gillese and Strathy JJ.A.
BETWEEN
Alfred Wegener Institute for Polar and Marine Research
Applicant (Respondent)
and
ALCI Aviation Ltd. and Enterprise Airlines Inc.
Respondents (Appellants)
Richard J. Mazar, for the appellants
Brendan F. Morrison, for the respondent
Heard: April 4, 2014
On appeal from the order of Justice Geoffrey B. Morawetz of the Superior Court of Justice, dated October 23, 2013.
APPEAL BOOK ENDORSEMENT
[1] With considerable reluctance, we grant the appellants’ last minute request for an adjournment of the appeal, on the terms set out below, in order to permit the appellants to retain new counsel. However, the court views the adjournment as a significant indulgence to the appellants in the circumstances.
[2] Accordingly, the appeal is adjourned on the following terms:
the appeal shall be scheduled for argument on May 12, 2014, peremptory to the appellants. We anticipate that no further adjournments of the appeal will be sought or granted; and
the appellants shall pay the costs thrown away of today’s attendance, fixed in the total amount of $1,000, all inclusive, as requested by counsel for the respondent. These costs shall be paid to the respondent’s solicitors, in trust, by no later than the close of business on April 11, 2014, failing which the Registrar of this court shall dismiss this appeal.
[3] We note that the appellants’ counsel is still technically counsel of record for the appellants. If the appellants’ counsel wish to be removed from the record, the necessary order from this court must be sought on proper motion and materials.
[4] Finally, we emphasize that, as corporations, the appellants are not permitted under the Rules of Civil Procedure to act in person on this appeal without leave of this court, again, on proper motion and materials. No such leave has been sought.