Caplan v. Atas
The applicant did not establish any basis to interfere with the order of MacPherson J.A.; however the Court exercised its discretion to grant an extension of time to perfect the appeal, to expire 60 days after the applicant's release from custody. The Court held it had no authority to refer the matter to the Supreme...
Source-derived case information.
- Citation
- 2020 ONCA 205
- Parties
- Plaintiff: Gary Caplan; Plaintiff: Dale & Lessmann LLP; Plaintiff: Robert E. Dale; Plaintiff: David E. Mende; Plaintiff: Christina J. Wallis; Plaintiff: Wallis Kagan Shastri LLP; Plaintiff: Rahul Shastri; Plaintiff: David Winter; Plaintiff: Stancer Gossin Rose LLP; Plaintiff: Gossin Rose LLP; Plaintiff: Raymond Stancer; Plaintiff: Eric Gossin; Plaintiff: Mitchell Rose; Plaintiff: Garth Dingwall; Plaintiff: Ralph Steinberg; Plaintiff: David J. Sloan; Plaintiff: Peoples Trust Company; Plaintiff: Derek Peddlesden; Plaintiff: Frank Renou; Plaintiff: Martin Mallich; Plaintiff: Sharon Small; Defendant (appellant): Nadire Atas
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 March 2020
- Procedural Posture
- Civil Appeal / Motion for Extension of Time to Perfect Appeal; Decision on Motion (interlocutory)
- Outcome
- Motion dismissed except that an extension of time to perfect the appeal is granted; the extension expires 60 days after the applicant's release from custody.
- Legal Topics
- Extension of Time, Perfection of Appeal, Referral to Supreme Court of Canada, Interventions and Notice
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gary Caplan
Plaintiff
Dale & Lessmann LLP
Plaintiff
Robert E. Dale
Plaintiff
David E. Mende
Plaintiff
Christina J. Wallis
Plaintiff
Wallis Kagan Shastri LLP
Plaintiff
Rahul Shastri
Plaintiff
David Winter
Plaintiff
Stancer Gossin Rose LLP
Plaintiff
Gossin Rose LLP
Plaintiff
Raymond Stancer
Plaintiff
Eric Gossin
Plaintiff
Mitchell Rose
Plaintiff
Garth Dingwall
Plaintiff
Ralph Steinberg
Plaintiff
David J. Sloan
Plaintiff
Peoples Trust Company
Plaintiff
Derek Peddlesden
Plaintiff
Frank Renou
Plaintiff
Martin Mallich
Plaintiff
Sharon Small
Plaintiff
Nadire Atas
Defendant (appellant)
Procedural Posture
Civil Appeal / Motion for Extension of Time to Perfect Appeal; Decision on Motion (interlocutory)
Legal Issues
- 1 Whether there is any basis to interfere with the order of MacPherson J.A.
- 2 Whether to grant the applicant an extension of time to perfect her appeal
- 3 Whether the Court of Appeal has authority to refer the matter to the Supreme Court of Canada
Ratio Decidendi
The applicant did not establish any basis to interfere with the order of MacPherson J.A.; however the Court exercised its discretion to grant an extension of time to perfect the appeal, to expire 60 days after the applicant's release from custody. The Court held it had no authority to refer the matter to the Supreme Court of Canada and that the Rules of Civil Procedure govern interventions and no notice was required.
Court Disposition
Motion dismissed except that an extension of time to perfect the appeal is granted; the extension expires 60 days after the applicant's release from custody.
Orders
- Extension of time to perfect the appeal granted; expires 60 days after the applicant's release from custody.
- Motion dismissed except as to the extension of time granted.
Full Case Text
Judgment text and source record
1 paragraphs
Caplan v. Atas Collection Decisions of the Court of Appeal Date 2020-03-12 Neutral citation 2020 ONCA 205 Docket numbers C67979, M51343 Judges Watt, David; Lauwers, Peter D.; Fairburn, J. Michal Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Caplan v. Atas, 2020 ONCA 205 DATE: 20200312 DOCKET: M51343 (C67979) Watt, Lauwers and Fairburn JJ.A. BETWEEN Gary Caplan, Dale & Lessmann LLP, Robert E. Dale, David E. Mende, Christina J. Wallis, Wallis Kagan Shastri LLP, Rahul Shastri, David Winter, Stancer Gossin Rose LLP, Gossin Rose LLP, Raymond Stancer, Eric Gossin, Mitchell Rose, Garth Dingwall, Ralph Steinberg, David J. Sloan, Peoples Trust Company, Derek Peddlesden, Frank Renou, Martin Mallich and Sharon Small Plaintiffs and Nadire Atas Defendant (Appellant) (Applicant) Nadire Atas, acting in person No one appearing for the respondent Heard and released orally: March 9, 2020 REASONS FOR DECISION [1] The applicant has not persuaded us that there is any basis upon which we can interfere with the order of MacPherson J.A. However, we grant her an extension of time within which to perfect her appeal. This extension will expire 60 days after her release from custody. [2] We have no authority to refer this matter to the Supreme Court of Canada. The Rules of Civil Procedure govern interventions and we see no need to provide notice in this respect. [3] Except as indicated in connection with the time within which to perfect the appeal, the motion is dismissed. “David Watt J.A.” “P. Lauwers J.A.” “Fairburn J.A.”