Court File and Parties
CITATION: Enofe v. Capreit, 2020 ONSC 6040
COURT FILE NO.: 417/17
DATE: 20201005
SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT
RE: Enofe v. Capreit
COUNSEL: Mr Enofe, self-represented Appellant Brian Monteiro, for the Respondent Capreit
BEFORE: D.L. Corbett J.
DATE: October 5, 2020
HEARD: In Chambers, In writing
Case Management Endorsement
D.L. Corbett J.
[1] Mr Enofe seeks to adjourn the date for his appeal. For the purposes of this endorsement I accept Mr Enofe’s explanation for not joining the conference call as scheduled on September 29th. In my endorsement of September 29, 2020, I directed that Mr Enofe explain why October 14th is not an available date for him for the appeal if he seeks an appeal. Mr Enofe writes that he is not available on October 14th, but he does not explain why. Court obligations take priority over almost every other kind of commitment, and Mr Enofe has not explained why he cannot make himself available as directed. The appeal shall proceed as directed on October 14th.
[2] Mr Enofe also says that he wishes to present new evidence and bring a witness to the hearing. There is a very limited jurisdiction for this court to admit fresh evidence on appeal, and there is nothing to suggest that his proposed new evidence would meet the strict test for admissibility on appeal. If it did, it would be received in written form, and not by testimony at the appeal. If Mr Enode fails to attend the appeal, it will be in the discretion of the panel to dismiss the appeal. Mr Enofe may request an adjournment from the panel, but he should be prepared to argue the appeal on the merits if his request for an adjournment is denied.
D.L. Corbett J.
Date: October 5, 2020