Court of Appeal for Ontario

Date: 2019-06-24

Docket: M50233 (C66524)

Judges: Juriansz, van Rensburg and Paciocco JJ.A.

Between

Stewart Wilson Applicant (Appellant) (Moving Party)

and

Sara Fatahi-Ghandehari Respondent (Responding Party)

Counsel

Paul Robson, for the moving party

Amar Mohammed and Shahzad Siddiqui, for the responding party

Heard and released orally: June 17, 2019

Reasons for Decision

[1] The motion is dismissed. There is no reversible error in the order of the motion judge. This was a discretionary order.

[2] The issue of the costs that the appellant had not paid was raised in the respondent's motion to stay the proceedings. That motion was heard at the same time as the appellant's motion for an extension of time. The motion judge's reasons on the respondent's motion showed that he connected his decision on that motion to his disposition of the appellant's motion. Seen in this light his decision on the appellant's motion was not unreasonable.

[3] The motion to review his decision is dismissed. We fix costs in the amount of $2,500.00 all-inclusive.

R.G. Juriansz J.A.

K. van Rensburg J.A.

David M. Paciocco J.A.