COURT OF APPEAL FOR ONTARIO

CITATION: Sahinbay v. Da Silva, 2016 ONCA 333

DATE: 20160503

DOCKET: C59748

BEFORE: Laskin, Pepall and Brown JJ.A.

BETWEEN

Arif Sahinbay and Dilek Sahinbay

Plaintiffs/Appellants

and

Ricardo Da Silva and Isilda Da Silva

Defendants/Respondents

COUNSEL:

James Cooper, for the appellant, Arif Sahinbay

Joanne Blacklock and Nicholas Ajram, for the respondents

HEARD AND RELEASED ORALLY: April 29, 2016

On appeal from the judgment of Justice Thomas R. Lederer of the Superior Court of Justice, dated November 19, 2014, sitting with a jury.

ENDORSEMENT

[1] The appellant is represented by counsel today. Counsel argues that at the trial of the action, the appellant was self-represented, was taking unreasonable positions, lacked counsel due to factors beyond his control, and suffered a head injury. He submits that given these circumstances, the trial judge, of his own initiative, ought to have adjourned the trial so that the appellant could confer with counsel.

[2] We do not accept the appellant’s submission.

[3] A reading of the transcript of proceedings reveals that the trial judge conducted a fair trial. He repeatedly offered the appellant an adjournment of the trial but these offers were repeatedly refused. He also pointed out the weaknesses of the appellant’s case in the absence of properly tendered evidence.

[4] Moreover, we reject the argument, raised for the first time today, that counsel for the respondent was obliged to do more in the circumstances. Again, a review of the transcript does not support such a complaint.

[5] The appeal is dismissed. Costs are awarded to the respondents in the amount of $2,000 inclusive of disbursements and applicable taxes.

“John Laskin J.A.”

“S.E. Pepall J.A.”

“D.M. Brown J.A.”