Court File and Parties

Court: Court of Appeal for Ontario Date: 2021-01-20 Docket: M52120 (C68476)

Before: Sossin J.A. (Motion Judge)

Between: Hydro One Networks Inc., Applicant/Respondent (Responding Party)

And: Niagara Radio Group Inc., Northguard Capital Corp. and Andrew Ferri, Respondents/Appellants (Moving Parties)

And: Scargall Owen-King LLP, Intervenor/Respondent (Responding Party)

Counsel: Kris Hutton, for the moving parties Reeva M. Finkel, for the responding party, Hydro One Networks Inc. Colby Linthwaite, for the responding party, Scargall Owen-King LLP

Heard: January 20, 2021 by video conference

Reasons for Decision

[1] The Appellants – Niagara Radio Group Inc., Northguard Capital Corp., and Andrew Ferri – bring a motion for an extension of time to perfect a consolidated appeal in this matter (C68476). Their notice of motion states that they also seek to “set aside or vary” the order of Benotto J.A. dated November 16, 2020, which had set out an earlier extension of time to December 16, 2020 to perfect the appeal, but which was not met. However, at the hearing of the motion, the Appellants acknowledged that a single judge of this court does not have jurisdiction to set aside or vary the order of another judge of this court. Therefore, the sole relief sought is a new extension of time to perfect the consolidated appeal to January 26, 2021.

[2] The delay in meeting the initial extension of time was caused by difficulties in issuing and entering court orders at the courthouse in Welland. On January 7, 2021, those orders were finally issued and entered. The Respondents – Hydro One Networks Inc. and Scargall Owen-King LLP – do not oppose the relief sought by the Appellants.

[3] In light of the motion being unopposed, and the criteria for an extension of time otherwise being satisfied, this motion is granted. The Appellants shall have until January 26, 2021 to perfect the consolidated appeal.

“Sossin J.A.”