Court File and Parties
Court of Appeal for Ontario Date: 2024-12-17 Docket: M55512 (COA-24-OM-0266)
Before: Fairburn A.C.J.O., Trotter and Zarnett JJ.A.
Between: Jordan Ash, Applicant (Moving Party) And: Chief Medical Officer of Health of Ontario, Respondent (Responding Party)
Counsel: Jordan Ash, acting in person Vanessa Glaser and Michael Saad, for the responding party
Heard and released orally: December 9, 2024
Reasons for Decision
[1] The applicant brings a motion pursuant to s. 7(5) of the Courts of Justice Act, R.S.O. 1990, c. C.43, to set aside an order of a single judge who denied a motion for an extension of time to bring a motion for leave to appeal from a Divisional Court decision.
[2] The applicant says the motion judge erred in concluding that:
- He did not form the intention to appeal in the requisite time;
- The respondent would be prejudiced by granting the extension of time; and
- The proposed application had little to no merit.
[3] We have reviewed the reasons of Favreau J.A. We see no error in her statement of the legal test for an extension of time, or in her application of that test. Her exercise of discretion was reasonable. This motion has no merit. The motion is dismissed.
[4] Costs will be ordered in the amount of $2,000, all-inclusive to be paid to the respondent.
"Fairburn A.C.J.O."
"Gary Trotter J.A."
"B. Zarnett J.A."