Integrated Business Concepts Inc. v. Akagi, 2023 ONSC 210

CITATION: Integrated Business Concepts Inc. v. Akagi, 2023 ONSC 210

DIVISIONAL COURT FILE NO.: 428/22

DATE: 20230109

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: INTEGRATED BUSINESS CONCEPTS INC., STUDENT HOUSING CANADA INC. and RV INC., Appellants

AND: TRENT AKAGI, TERRY CORSIANOS, J.P. GRACI & ASSOCIATES, JIM PATTERSON, RUTH PROMISLOW and BENNETT JONES LLP, Respondents

BEFORE: Nishikawa J.

COUNSEL: Joshua Samach, for the Appellants Greg Roberts, for the Respondent Trent Akagi John Campbell, for the Respondent Terry Corsianos Carlo Di Carlo, for the Respondent J.P. Graci & Associates Peter Kolla, for the Respondents Jim Patterson, Ruth Promislow and Bennett Jones LLP

HEARD at Toronto: January 9, 2023

ENDORSEMENT

[1] The appeal from an order of Associate Justice McGraw dated June 29, 2022, dismissing the Appellants’ action was to be heard today.

[2] At the hearing, the Appellants requested an adjournment of the hearing. Counsel for the Appellants advised that he had just been retained on a limited scope retainer after previous counsel was dismissed over the weekend.

[3] The hearing of the appeal has been scheduled since August 2022. All counsel had prepared for the appeal and were not advised of any issue until the eve of the hearing. Seeking an adjournment on the hearing date also results in a waste of valuable court resources. The Appellants have previously taken steps at the last minute, including serving a notice to abandon their motion for a status hearing before the Associate Justice.

[4] Given the breakdown in the solicitor-client relationship between the Appellants and their previous counsel, however, and because Mr. Samac was not in a position to argue the appeal, it is not in the interests of justice of the appeal to proceed. Under the circumstances, I determined it appropriate to grant a short adjournment on strict terms.

[5] The hearing of the appeal is adjourned to Friday March 3, 2023 at 10 a.m. for two hours. The hearing date is peremptory on the Appellants. The hearing will proceed with or without counsel in writing on the existing material and any further material filed in accordance with the timeline below.

[6] The Appellants may deliver an amended factum not to exceed 15 double-spaced pages by January 27, 2023.

[7] The Respondents may deliver amended facta to respond to any issues raised in the Appellants’ amended factum, not to exceed 10 double-spaced pages each, by February 10, 2023.

[8] The Respondents each seek costs thrown away of today’s appearance in the amount of $2,500 each. Mr. Samac did not oppose the request. The Appellants shall pay costs of $2,500 to each Respondent by January 27, 2023, failing which the Respondents may seek a dismissal of the appeal in writing on notice to the Appellants.

“Nishikawa J.”

Date: January 9, 2023