CITATION: Investigation Counsel PC v. Dorrett, 2024 ONSC 1802

DIVISIONAL COURT FILE NO.: DC-23-422

DATE: 20240326

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Leslie Dorrett ALSO KNOWN AS LESLIE JANE DORRETT, and DORRETT & ASSOCIATES PROFESSIONAL CORPORATION, Appellants (Defendants)

AND:

Investigation counsel professional Corporation, Respondent (Plaintiff)

BEFORE: Lococo, LeMay and O’Brien JJ.

COUNSEL: Leslie Dorrett, Appellant, self-represented, and for the other Appellant

Ashley Ferguson, for the Respondent

HEARD at Toronto: March 26, 2024, by video conference

ENDORSEMENT

[1] The parties appeared before us this morning. At that time, the Appellant sought an adjournment on the basis of her health and the fact that she was seeking new counsel as her previous counsel had gotten off the record on March 12^th, 2024. The Respondent initially opposed the adjournment.

[2] The Appellant had sought an adjournment last Friday by email to the court office. The panel provided a direction in which we advised her that she would need to provide detailed medical documentation to the panel and attend in person in order to explain the basis for the adjournment.

[3] Yesterday, the court office received further e-mails from the Appellant. We provided a direction that, at the Appellant’s request, the appeal would be converted to a ZOOM hearing and that all parties were expected to attend virtually.

[4] Yesterday afternoon, the Appellant provided medical documentation. It indicated that she had received a prescription for antibiotics on March 15^th, 2024. This prescription was to last for five days, which would have meant that the course of antibiotics was finished last week. During the course of this morning’s hearing, the Appellant advised that she had taken the antibiotics and that she felt better, but that her condition had worsened when she stopped taking them. She indicated that she was feeling ill and was not prepared to proceed.

[5] The Appellant advised that the change in counsel was because there had been a mutual loss of confidence. The Appellant also advised that her counsel, who was counsel on the initial summary judgment motion, had failed to file an affidavit that had been sworn prior to the motion.

[6] The Respondent, on the other hand, advised the Court that they had received an e-mail from the Appellant’s previous counsel in October 2023 advising that it was always the Appellant’s intention to argue the appeal herself. The Appellant did not dispute this assertion.

[7] We also canvassed the possibility of conducting the appeal in writing if we were to grant an adjournment. Both the Appellant and counsel for the Respondent supported this approach.

[8] Based on these submissions, we advised the parties that we would permit an adjournment, but that we would not permit the Appellant to file any new evidentiary material. Given that the missing affidavit was available prior to the summary judgment motion a year ago, it is difficult to see how the Appellant had been diligent in pursuing the admission of this material. The appeal material has been perfected. There was no motion before us to have new evidence admitted on appeal.

[9] We also advised the parties that this panel would remain seized of the appeal, that we would finish the appeal proceeding in writing and that we would impose a timetable for further submissions. After consideration of all the issues, including the Appellant’s desire to consult counsel and her current illness, the timetable for submissions is as follows:

a. The Appellant shall have until April 29^th, 2024 to serve, file and upload any additional submissions she wishes to make. Those submissions are to be no longer than seven (7) double-spaced pages.

b. The Respondent shall have until May 21^st, 2024 to serve, file and upload any additional submissions that it wishes to make. Again, those submissions are to be no longer than seven (7) double-spaced pages.

c. There shall be no reply submissions without leave of the Panel.

[10] The costs of today’s appearance are reserved to the end of the Appeal.

Lococo J.

LeMay J.

O’Brien J.

Date: March 26, 2024