Court of Appeal for Ontario

Date: 2018-05-03 Docket: C64571

Judges: Hourigan, Benotto and Fairburn JJ.A.

Between

Maria Judite da Silva Correia Plaintiff/Appellant

and

Teresa da Silva Pinto and Eduardo Pereira Pinto Defendants/Respondents

Counsel

Satish Mandalagiri, for the appellant

Edwin Upenieks and Angela Kwok, for the respondents

Heard

May 3, 2018

On Appeal

On appeal from the judgment of Justice Francine Van Melle of the Superior Court of Justice, dated October 13, 2017.

Appeal Book Endorsement

[1] The appellant appeals the decision of the motion judge who refused to restore this matter to trial list. We see no error in the motion judge's decision. She carefully considered the facts and the relevant issues, including the issue of prejudice. We are also satisfied that she properly applied the correct legal test. There is no basis for appellate interference.

[2] The appeal is dismissed. The appellant shall pay costs of the appeal to the respondents in the all-inclusive sum of $5,000.