Court of Appeal for Ontario

Date: 2017-10-30

Docket: M48056 (M47590)

Judges: Watt, Pepall and Miller JJ.A.

Between

Gunnar S. Paulsson Plaintiff (Moving Party)

and

Leo Cooper, The Board of Trustees of and for the University of Illinois, the American Association for the Advancement of Slavic Studies, and Slavic Review Defendants (Responding Party)

Counsel

Gunnar Paulsson, in person

Gordon McGuire, for the respondents the Board of Trustees of and for the University of Illinois and the American Association for the Advancement of Slavic Studies

Heard: October 26, 2017

Reasons for Decision

[1] Mr. Paulsson applies to review the order of Simmons J.A. in which she dismissed his motion to extend the time to appeal: 1) a default judgment obtained by him dated March 27, 2015 against Leo Cooper; 2) a judgment dated February 18, 2015 dismissing his action against the Board of Trustees of and for the University of Illinois (the "Board") and the American Association for the Advancement of Slavic Studies (the "Association") which arose from a jury verdict; and 3) a judgment dated March 27, 2005 requiring Mr. Paulsson to pay the costs of the jury action to the Board and the Association in the amount of $204,500.

[2] In first addressing the Cooper judgment, the chambers judge applied the correct test for the granting of an extension of time. This included a consideration of the merits of the proposed appeal of the Cooper judgment. In that regard, she observed that the proposed notice of appeal contained no grounds of appeal relating to the Cooper judgment. At paragraph 9 of her reasons, she stated:

[T]he moving party's evidence indicating he investigated enforcing the Cooper judgment in Australia suggests he was content with it and that he is seeking to appeal it now only as effectively an add-on to his other proposed appeals, the matters it appears he is actually concerned about. The moving party's material filed in advance of the motion contains no grounds or evidence of grounds relating specifically to an appeal of the Cooper judgment. In all the circumstances, I fail to see how the interests of justice favour granting the moving party an extension of time to file a notice of appeal with respect to the Cooper judgment. Finality concerns dictate otherwise.

[3] The chambers judge's exercise of discretion to deny the request is entitled to deference. There is no reason for us to interfere.

[4] The chambers judge then turned to the judgment in favour of the Board and the Association dismissing Mr. Paulsson's action. She correctly concluded that having regard to the jury's verdict and assessment of damages, Mr. Paulsson's appeal of the judgment lay to the Divisional Court given the quantum of the assessment. It followed that the incidental costs award also lay to Divisional Court.

[5] Mr. Paulsson's motion is dismissed. He is to pay costs of $3,281, inclusive of disbursements and applicable tax, to the respondents, the Board and the Association.

"David Watt J.A."

"S.E. Pepall J.A."

"B.W. Miller J.A."