Court of Appeal for Ontario

Date: 2019-05-24 Docket: M49964 (C65657)

Judges: Strathy C.J.O., Lauwers and Zarnett JJ.A.

Between

Melissa Hart and Patricia Hart Appellants/Plaintiffs

and

Victoria Balice Respondent/Defendant

Counsel

Melissa Hart, acting in person

Ashley Ferguson, for the respondent

Heard: In writing

Motion to Re-open the Appeal and Admit Fresh Evidence

Reasons for Decision

[1] This appeal was heard on December 18, 2018 and was dismissed that day with reasons given orally.

[2] Three days later, the appellants filed a motion to re-open the appeal and to submit fresh evidence.

[3] The motion is dismissed. The proposed fresh evidence is a three-page affidavit of one of the appellants. It consists partly of argument and partly of purported statements of fact. The statements of fact relate to matters that were either before the court at the hearing of the appeal or could have been before the court with reasonable diligence. None of them would have affected the result.

[4] The fundamental flaw in the appellant's appeal, which is not addressed by the purported fresh evidence, is the absence of any evidence that the respondent's alleged "lien" had anything to do with the sale of the appellants' property.

[5] The appellants are not entitled to re-argue an unmeritorious appeal. The motion is dismissed with costs to the respondent in the amount of $750, inclusive of disbursements and all applicable taxes.

"G.R. Strathy C.J.O."

"P. Lauwers J.A."

"B. Zarnett J.A."