COURT FILE NO.: 115/05
DATE: 20050530
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
LORRAINE FINDLAY (aka SUMNER) and BRUCE FIELDS
Plaintiffs (Respondents)
- and -
LEIGH SAND (aka ULRICH)
Defendant (Appellant)
Lorraine Findlay, In Person
John Bygott, Agent for Ms. Sand
HEARD at Toronto: May 30, 2005
Oral Reasons for Judgment
O’DRISCOLL J.: (Orally)
[1] The plaintiff, Ms. Findlay, appears in person and on behalf of her co-plaintiff. Mr. John Bygott appears on behalf of the defendant, Ms. Sand, as her agent.
[2] The plaintiff launched an appeal (115/05) to this Court on March 11, 2005, from the Order of Deputy Judge Libman, of the Small Claims Court at Toronto, dated February 9, 2005. The Order was an interim order that the defendant pay money to satisfy a judgment during the adjourned period of a contempt of court show cause hearing, which the Deputy Judge was hearing regarding the defendant.
[3] Section 31 of the Courts of Justice Act, R.S.O. 1990 c. C.43 (CJA) governs appeals from the Small Claims Court. It does not provide for an appeal of an interlocutory order. By Notice of Abandonment, dated March 24, 2005, the appellant/defendant “abandoned” her appeal of an interlocutory order. The plaintiff/respondent is here today seeking her costs on the abandoned appeal. She has produced accounts in the sum of $1,687.57, for her lawyer to prepare an affidavit and give advice. The invoices are “paid”. She also advises that she lives in London and her attendance in Toronto has cost her a day’s pay at $280.00, plus travelling time and travelling costs.
[4] This so-called “appeal” has no basis and no authorization under the CJA. It obviously is a stalling tactic, thought up by an unknown ghost writer. However, if people play these games, they should be prepared to pay the consequences.
[5] I award the plaintiff, Ms. Finlay, costs of the abandoned “appeal” at $1,687.57, plus her costs of attending, fixed at $300.00. Costs are payable forthwith by the appellant/defendant, Ms. Sand.
O’DRISCOLL J.
Date of Reasons for Judgment: May 30, 2005
Date of Release: June 9, 2005
COURT FILE NO.: 115/05
DATE: 20050530
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
LORRAINE FINDLAY (aka SUMNER) and BRUCE FIELDS
Plaintiffs (Respondents)
- and -
LEIGH SAND (aka ULRICH)
Defendant (Appellant)
ORAL REASONS FOR JUDGMENT
O’DRISCOLL J.
Date of Reasons for Judgment: May 30, 2005
Date of Release: June 9, 2005