Court of Appeal for Ontario

Date: September 21, 2017

Docket: M47972 (C60141)

Panel: Doherty, LaForme and Miller JJ.A.

Between

Haider Humza Inc., Mississauga Auto Clinic Inc. and Mecca Wholesale Meats & Catering Inc.

Plaintiffs (Respondents)

and

Mohammed Rafiq, a.k.a. Mohammad Rafiq, a.k.a. Muhammad Rafiq, Saida Banu Rafiz, Zubaid-Ur-Rahman Nawaid Hasmi, Zrco Exchange Canada Inc., Multimedia Marketing Group Ltd., Ajaz Khan, Zia Islam, carrying on business as Pro Tech Automotive, Canadians Central Auto Ltd., Auto Specialists Inc., Sam Santino, carrying on business as Santino Haulage and A and B Auto Leasing & Car Rental Inc.

Defendants (Appellants)

Counsel

Pathik Baxi, for the appellant, Mohammed Rafiq, a.k.a. Mohammad Rafiq, a.k.a. Muhammad Rafiq

Joanna Nairn, for the respondents

Heard

September 20, 2017

Motion

A motion to reconsider the order of Justice Gloria Epstein of the Court of Appeal for Ontario, dated June 2, 2017, dismissing the appellant's appeal for delay.

Appeal Book Endorsement

[1] There is no merit to the submission that the moving party did not have adequate notice that the respondent would seek a dismissal for delay on the appearance before Epstein J.A.

[2] We see no reason to interfere with Epstein J.A.'s refusal to extend the time for perfection. She was entitled to look to the entire history of the proceeding and not just the latest "default" by the moving party.

[3] Absent an extension of time to perfect, the appeal was properly dismissed for delay by the registrar.

[4] The motion is dismissed.

[5] The $25,000 held in court, plus interest, shall be paid out to Pape Barristers, in trust.

[6] Costs of the motion to the respondent in the amount of $2500 "all in".