Court of Appeal for Ontario
Date: 2017-11-30 Docket: C63577
Judges: Simmons, Brown and Fairburn JJ.A.
Between
JVJ Consulting Inc. Respondent/Plaintiff
and
Osborne G. Barnell and OGB Law Offices Appellant/Defendants
Counsel
Osborne Barnwell, for the appellant
Roger Gosbee, for the respondent
Heard: November 30, 2017
On appeal from: the judgment of Justice F.L. Myers of the Superior Court of Justice, dated March 7, 2017.
Appeal Book Endorsement
[1] This appeal is adjourned to February 2, 2018. We advised the parties that our preliminary view is that we cannot properly deal with this appeal without a transcript of the hearing below and the Digital Court Recording ("DCR") of the hearing. Rather than bifurcate the appeal, the parties asked that we adjourn it to another date. We order the following:
the Registrar of this court forthwith obtain 5 copies of a transcript of the hearing below (a motion heard March 6, 2017) and 3 copies of the DCR for the panel hearing the appeal and that such transcript and copies be produced forthwith;
upon receipt of the transcripts, the Registrar make a copy available to each of the parties;
that each of the parties be entitled to obtain a copy of the DCR upon complying with the Superior Court protocol;
that a copy of this endorsement be forwarded forthwith to Myers J;
nothing in this endorsement is intended to bind the panel that hears the appeal. Costs of today reserved to the panel.
a supplementary factum not to exceed 10 pages be delivered by the appellant 2 weeks in advance of the hearing date and by the respondent 1 week in advance of the hearing date.