Court File and Parties

CITATION: Brown v. Peel Mutual Insurance Company, 2013 ONSC 4326

COURT FILE NO.: DC-12-00428-00

DATE: 20130624

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Sylviette Brown and Shawn Brown, Applicants

-and-

Peel Mutual Insurance Company, Respondent

BEFORE: The Honourable Mr. Justice M.L. Edwards

COUNSEL: Sylviette Brown, Self-Represented Marina Stoeva and James Wilson, for the Respondent

HEARD: June 20, 2013

Endorsement

The applicants seek an extension of time to file their Notice of Appeal. I am satisfied that the interests of justice are best met by granting the order sought. The evidence confirms the applicants did serve a Notice of Appeal within the prescribed time limits, although it was never filed with the court. The delay with respect to this motion was lengthy but again, I am satisfied that there is no evidence to suggest the applicants were not intent on ultimately proceeding with the appeal. As to the prejudice to the respondent, I am not satisfied, other than the additional costs the respondent will incur in having to respond to the appeal, that the respondent has, or will suffer, any undue prejudice. As to the merits of the appeal, I have real reservation as to the ultimate outcome of the appeal but I cannot say there is absolutely no merit to the appeal. Leave is therefore granted to file a Notice of Appeal with this Court no later than June 27, 2013. The applicants shall perfect the appeal by July 15, 2013. The respondent shall file any responding material by August 1, 2013. This appeal shall (subject to the ability of the trial coordinators to accommodate this request) be listed for hearing in the Divisional Court the week of September 16, 2013. If the applicants fail to comply with any of the timelines set forth in this endorsement, the appeal shall be dismissed. Costs of this motion are reserved to the Divisional Court.

Justice M.L. Edwards

Released: June 24, 2013