Blaney's Appeals: Ontario Court of Appeal Summaries (November 12 – 16, 2018)

Civil Decisions

Royal Bank of Canada v Puzzolanti, 2018 ONCA 917

[Watt, Miller and Nordheimer JJ.A.]

Counsel:

D. Saverino, for the appellant

N. Marconi, for the respondent

Keywords: Civil Procedure, Summary Judgment, Adjournments, Boaden Catering Ltd v Real Food for Real Kids Inc, 2017 ONCA 248, Hryniak v Mauldin, 2014 SCC 7

Facts:

The appellant deposited a forged cheque to his bank account.  After commencing an action, the respondent moved for summary judgment.  The motion judge set a timetable for the hearing of the motion.  The appellant was not present, but his counsel was advised of the timetable. 

Subsequently, the respondent’s counsel served its materials on the appellant and reminded the appellant’s counsel of the motion date.  The day before the motion, the appellant’s counsel advised the respondent’s counsel that he had just been retained for the motion and requested consent to an adjournment, which was refused by respondent’s counsel.

The motion proceeded before the motion judge.  The appellant’s counsel was not present.  The motion judge was informed of the request for an adjournment but determined that she would proceed with the motion, which was granted.  The appellant complained that the motion judge erred in refusing to grant an adjournment.