Ramlall v. Mustaffa
The appeal is dismissed because the appellant failed to show any grounds to interfere with the motion judge's decision dismissing his motion and the prior dismissal of the action for delay; therefore the Court of Appeal will not address the merits.
Source-derived case information.
- Citation
- 2015 ONCA 73
- Parties
- Appellant: Hemchand Ramlall; Respondent: Mian Mustaffa (aka Ali); Respondent: Sumaiyah Shah; Respondent: Yasmeen Shah
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 February 2015
- Procedural Posture
- Civil Appeal / Appeal From Motion Judge After Dismissal of Action for Delay
- Outcome
- Appeal dismissed
- Legal Topics
- Dismissal for Delay, Motion to Restore Action, Procedural Bar to Merits Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hemchand Ramlall
Appellant
Mian Mustaffa (aka Ali)
Respondent
Sumaiyah Shah
Respondent
Yasmeen Shah
Respondent
Procedural Posture
Civil Appeal / Appeal From Motion Judge After Dismissal of Action for Delay
Legal Issues
- 1 Whether the trial court's dismissal for delay was proper
- 2 Whether the motion judge erred in dismissing the subsequent motion to revive the action
- 3 Whether the Court of Appeal can and should address the merits given the procedural dismissal
Ratio Decidendi
The appeal is dismissed because the appellant failed to show any grounds to interfere with the motion judge's decision dismissing his motion and the prior dismissal of the action for delay; therefore the Court of Appeal will not address the merits.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Ramlall v. Mustaffa Collection Decisions of the Court of Appeal Date 2015-02-05 Neutral citation 2015 ONCA 73 Docket numbers C59227 Judges Doherty, David H.; Juriansz, Russell G.; Huscroft, Grant Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ramlall v. Mustaffa, 2015 ONCA 73 DATE: 20150202 DOCKET: C59227 Doherty, Juriansz and Huscroft JJ.A. BETWEEN Hemchand Ramlall Appellant and Mian Mustaffa (aka Ali), Sumaiyah Shah and Yasmeen Shah Respondents Hemchand Ramlall, in person No one appearing Heard: January 16, 2015 On appeal from the judgment of Justice Faye E. McWatt of the Superior Court of Justice, dated August 1, 2014. APPEAL BOOK ENDORSEMENT [1] We cannot assist the appellant. [2] The appellant’s action was dismissed for delay in January 2013. There is no basis in the material to question the propriety of that order when it was made. [3] The appellant brought a motion some 18 months later in the Superior Court. It is unclear what relief the appellant sought (the notice of motion is not filed). The appellant did not appear on the motion although he has offered an explanation for his failure. The motion judge dismissed the motion noting that the action had been previously dismissed. [4] On appeal, the appellant asks that judgment be granted and damages awarded in the amount of $30,000. He has addressed the merits of his claim which he understandably feels should be examined by a court. [5] We cannot address the merits of his claim on this appeal. [6] The appellant has not convinced us that there are any grounds upon which we can interfere with the decision of the motion judge. [7] The appeal is dismissed.