Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20211013 DOCKET: M52530 (M52457)

Hourigan, Huscroft and Coroza JJ.A.

BETWEEN

Muhammad Aslam Khan Proposed Appellant/Moving Party (Moving Party)

and

1806700 Ontario Inc. Plaintiff/Respondent (Responding Party)

and

Sandeep Johal Intervener/Respondent (Responding Party)

Counsel: Muhammad Aslam Khan, self-represented Joga Singh Chahal, for the respondent 1806700 Ontario Inc. Mathieu Bélanger, for the respondent Sandeep Johal

Heard and released orally: October 7, 2021 by videoconference

Reasons for Decision

[1] The moving party moves to set aside the order of the motion judge dated May 20, 2021, dismissing his motion for an extension of time for leave to appeal. The motion judge accepted that the moving party intended to appeal within the relevant period and that there was a brief period of delay. However, he found that the appeal had no merit.

[2] A single judge’s decision on a motion to extend time is discretionary and entitled to deference: Machado v. Ontario Hockey Association, 2019 ONCA 210. The motion judge applied the correct test and we see no error in his analysis. We agree with his conclusion that the appeal has no merit. Accordingly, the motion is dismissed with costs payable by Mr. Khan to the responding party 1806700 Ontario Inc. in the amount of $2,500, all-inclusive, and costs payable by Mr. Khan to the responding party Mr. Johal in the amount of $2,500, all-inclusive, for the costs of this motion.

“C.W. Hourigan J.A.”

“Grant Huscroft J.A.”

“S. Coroza J.A.”