COURT OF APPEAL FOR ONTARIO

CITATION: Samad v. Rasool, 2020 ONCA 656

DATE: 20201020

DOCKET: M51112 (C67483)

Hourigan, Trotter and Jamal JJ.A.

BETWEEN

Shahab Samad

Appellant

(Respondent by Application)

and

Shahanaz Rasool

Respondent

Applicant by Application

Shahab Samad, self represented

Audrey Lee, for the respondent

Heard: October 15, 2020

REASONS FOR DECISION

[1] The appellant brings a motion to set aside the order of the motion judge, dismissing his motion for an order extending the time to perfect his appeal.

[2] In his endorsement, the motion judge noted that the appellant had previously been granted an extension of time to perfect his appeal but had missed the deadline. He then considered the merits of the appeal, observing that the grounds of appeal do not relate to the order appealed, and concluded that the appeal did not have any real chance of success. The motion judge also found that the justice of the case favoured the respondent because the appellant’s conduct in the litigation had resulted in his pleadings being struck below.

[3] We do not see any error in principle made by the motion judge. He properly applied the test on the motion and exercised his discretion in a manner that was entirely consistent with this court’s jurisprudence and the justice of the case.

[4] The motion is dismissed. The appellant shall pay the respondent her all-inclusive costs of this motion in the amount of $4,000.

“C.W. Hourigan J.A.”

“Gary Trotter J.A.”

“M. Jamal J.A.”