Court of Appeal for Ontario

Date: 2019-01-15 Docket: C65559

Judges: Rouleau, van Rensburg and Zarnett JJ.A.

Between

Mary Lee Plaintiff (Respondent)

and

Choice Bank Limited Defendant (Appellant)

Counsel

Robert Colson, for the appellant

Christopher Cosgriffe, for the respondent

Hearing and Appeal

Heard: January 11, 2019

On appeal from: the judgment of Justice S. Nakatsuru of the Superior Court of Justice, dated May 25, 2018.

Appeal Book Endorsement

[1] The court was advised by counsel for the appellant that he has been unable to obtain clear instructions from his client. It appears that the appellant is in liquidation. Counsel advised the court the instructions he has received are that it is not in the appellant's interest at this point for counsel to prosecute the appeal. From this, it is unclear whether the appeal should be abandoned or heard on the basis of the written submissions. In our view, the matter should proceed on the basis of the written record.

[2] From our review of the record including the appellant's factum, we see no basis to interfere with the motion judge's decision.

[3] The appeal is therefore dismissed. Costs to the respondent fixed at $6,000 inclusive of disbursements and all applicable taxes.