Court of Appeal for Ontario

Citation: Damallie v. Shaukat, 2016 ONCA 198

Date: 20160308

Docket: M45563

Judges: Laskin, MacFarland and Roberts JJ.A.

Between:

Clifton Anthony Damallie

Moving Party (Appellant)

and

Malik Shaukat

Responding Party (Defendant)

Counsel:

Clifton Damallie, in person

No one appearing for the responding party

Heard and released orally: March 4, 2016

Endorsement

[1] The appellant moves to review the order of Sharpe J.A. dated September 16, 2015. Sharpe J.A. dismissed the appellant’s motion to extend the time for leave to appeal the Divisional Court’s decision to dismiss the appellant’s motion to vary the order of Sachs J. Sitting as a single judge of the Divisional Court, Sachs J. denied the appellant’s request to adjourn his motion to extend the time for the filing of a Small Claims Court appeal from the dismissal of his claim.

[2] The appellant did not provide any argument indicating that Sharpe J.A. had erred. Rather, the appellant asks that this court retry the factual findings of the Small Claims Court that dismissed his claim. That is not our task.

[3] Sharpe J.A. saw no error in the previous courts’ findings that the appellant did not appeal the trial judgment of the Small Claims Court in a timely manner, he did not provide an explanation for the delay, and there was no basis for the appellant’s claim. There was no point of law or public importance raised that would warrant this court granting leave to appeal.

[4] We agree with Sharpe J.A.’s reasons. There is no basis to interfere. Accordingly, the appellant’s motion is dismissed.

“John Laskin J.A.”

“J. MacFarland J.A.”

“L.B. Roberts J.A.”