COURT OF APPEAL FOR ONTARIO
CITATION: Melanson v. Controlchem Canada Ltd., 2014 ONCA 82
DATE: 20140128
DOCKET: C57376
Sharpe, Watt and Benotto JJ.A.
BETWEEN
Stephen Melanson
Plaintiff (Appellant)
and
Controlchem Canada Ltd., Douglas Fast and Josip Saric
Defendants (Respondents)
John H. McNair, for the plaintiff (appellant)
Thomas J. Gorsky and Jennifer Hodgins, for Controlchem Canada Ltd.
Gordon Bobesich, for Josip Saric
Heard: January 27, 2014
On appeal from the order of Justice A.J. Goodman of the Superior Court of Justice, dated June 25, 2013.
APPEAL BOOK ENDORSEMENT
[1] We are not persuaded that there is any basis for us to interfere with the decision of the motion judge dismissing the appellant’s motion to set aside the Registrar’s order dismissing the action for delay.
[2] It is acknowledged that the motion judge applied the correct legal test and that the decision was discretionary. We are not persuaded that there was a palpable and overriding error or that he failed to consider the explanation for the delay up to the point of the Registrar’s order.
[3] Moreover, the explanation for the very significant delay in bringing the motion after the administrative dismissal is unsatisfactory.
[4] Accordingly, the appeal is dismissed.
[5] Costs to Controlchem and Fast fixed at $11,000 and to Saric fixed at $6,000 both inclusive as per the agreement of counsel.