Court of Appeal for Ontario

Date: 2019-03-06 Docket: C65817

Judges: Feldman, Roberts and Fairburn JJ.A.

Between

Susan Amon Plaintiff/Respondent

and

Mejj Enterprises Inc. and West Realty Group Ltd. cob Royal LePage West Realty Group Defendants/Appellant

Trent Morris, amicus Ryan Breedon, for the respondent

Heard and released orally: March 6, 2019

On appeal from the judgment of Justice Edward Belobaba of the Superior Court of Justice, dated August 22, 2018.

Appeal Book Endorsement

[1] Mr. Hussain was not originally in court to argue this appeal, but after being called he appeared to advise the court that he was fired by the appellant one month ago. Another counsel, Mr. Morris, also appeared to advise the court that he is retained on other matters but not this appeal. Mr. Hussain spoke by phone to the appellant who asked him to request an adjournment for him to retain new counsel. That request is opposed by the respondent. We see no basis to grant an adjournment in these circumstances.

[2] The respondent also submits that there is no merit to the appeal. The summary judgment was granted by the motion judge after the appellant failed to comply with a court ordered indulgence regarding the payment of costs and filing material. He also found that the material would not have raised a genuine issue for trial.

[3] The appeal is therefore dismissed with costs on the partial indemnity basis of $7,500, inclusive of disbursements and HST.