3 total
Motion to extend time to appeal dismissed due to lengthy delay and lack of merit.
The applicant brought a motion seeking an extension of time to appeal an order directing the sale of the matrimonial home.
The applicant filed the motion 11 months late, initially filing in the wrong court.
Applying the five-factor test for extending time to appeal, the court found the delay was lengthy, the explanation unpersuasive, and the proposed appeal devoid of merit as the record clearly showed the applicant had consented to the sale.
The motion was dismissed with costs awarded to the respondent.
Appeal dismissed; application judge properly excluded appellant from dental practice to give effect to joint venture termination.
The parties, two dentists operating through professional corporations, entered into a joint venture agreement that provided for termination on 90 days' notice but was silent on the consequences of termination.
The respondent gave notice of termination and sought to exclude the appellant from the practice and buy out his interest.
The application judge declared the joint venture terminated, excluded the appellant from the practice, and directed that the appellant's interest be sold to the respondent, with financial issues to be resolved separately.
The Court of Appeal dismissed the appeal, finding that the application judge had jurisdiction and that terminating the appellant's ownership interest was necessary to give business efficacy to the termination provision and the parties' common intention.
Joint venture dental practice terminated; applicant granted sole ownership subject to valuation and buyout.
The applicant and respondent dentists operated a joint venture general dentistry practice.
The respondent returned to school to become a specialist, reducing his hours but maintaining his draw.
The applicant gave 90 days' written notice to terminate the joint venture.
When the parties could not agree on the mechanics of separation, the applicant sought a declaration of termination and sole ownership.
The court granted the application, declaring the joint venture terminated effective June 30, 2014, ordering the respondent to vacate the practice, and directing the parties to proceed with a valuation and buyout of the respondent's interest.
