Court of Appeal for Ontario

DATE: 20220504 DOCKET: C69657

Huscroft, Miller and George JJ.A.

Parties

BETWEEN

Ivylin Ricketts Hume and Weston Rodney Hume Applicants (Respondents)

and

11534599 Canada Corp. Respondent (Appellant)

Counsel: Roy D’Mello, for the appellant Elaine Peritz, for the respondents

Heard and released orally: May 3, 2022

On appeal from the order of Justice Kendra D. Coats of the Superior Court of Justice, dated June 28, 2021.

Reasons for Decision

[1] Mr. Robson, counsel for the appellant did not appear to request to be taken off the record. The court was informed by the appellant’s solicitor, Mr. D’Mello, that the solicitor/client relationship had broken down and Mr. Robson does not act for the appellants as of April 27th. Mr. D’Mello informed the court that he has tentatively arranged new counsel but his availability is uncertain.

[2] In all of the circumstances, the appeal and motion to quash are adjourned to May 18, 2022. The appeal and motion will be heard on that day, on condition that the appellant’s pay outstanding cost orders in this court of $7,000 by 4:00 p.m. Friday, May 6, 2022.

[3] If the cost orders are not paid, the appeal will be dismissed.

[4] The May 18th, 2022 date is peremptory. Costs for today’s appearance are reserved to the panel hearing the appeal.

“Grant Huscroft J.A.”

“B.W. Miller J.A.”

“J. George J.A.”