Court of Appeal for Ontario

Date: 2019-05-06 Docket: M50053 (M49985)

Panel: Feldman, Miller and Fairburn JJ.A.

Between

Rawia Salman Plaintiff/Appellant

and

Shawn Patey and Patey Law Firm Defendants/Responding Parties

Counsel

Rawia Salman, self-represented

Susan Sack, for the responding parties

Heard and released orally: May 2, 2019

Reasons for Decision

[1] The appellant seeks review by the panel of the order of Huscroft J.A., dated January 9, 2019, denying an extension of time to appeal from the order of Riley J. granting summary judgment.

[2] The motion judge applied the correct test on a motion for an extension of time to appeal. He considered all of the factors including the delay, the reason for delay, the potential merit of the appeal and the justice of the case. He found that there was no apparent merit to the appeal on the issue of the limitation period and noted that the applicant had offered no basis to impugn Riley J.'s decision. He also considered the age of the case and concluded that the justice of the case did not require an extension of time in this case.

[3] We see no error in the motion judge's decision and no basis to reverse it. Costs are awarded to the respondent in the amount of $2,000, inclusive of disbursements and HST.

K. Feldman J.A.

B.W. Miller J.A.

Fairburn J.A.