Henrietta-Harvey Estate v. Homer

Henrietta-Harvey Estate v. Homer

The motion judge correctly found the claim to be statute-barred and there was no basis on the record to set aside his discretionary decision to deny an adjournment or to disturb the summary judgment; therefore the appeal is dismissed.

Citation
2014 ONCA 262
Parties
Appellant/plaintiff: Shenelle Holm, trustee for the estate of Karnetto Henrietta-Harvey; Appellant/plaintiff: Antonio Spaziano; Respondent/defendant: J. Wayne Homer
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 April 2014
Procedural Posture
Civil Appeal From Summary Judgment / Court of Appeal Decision on Appeal From Motion Judge's Summary Judgment Order
Outcome
Appeal dismissed; summary judgment dismissing the action affirmed
Legal Topics
Summary Judgment, Adjournment, Removal of Counsel, Statute Barred Claim, Costs
Source Language
English
Civil Procedure Appeals Limitations Summary Judgment Adjournment Removal of Counsel Statute Barred Claim Costs

Case Brief

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Parties

Shenelle Holm, trustee for the estate of Karnetto Henrietta-Harvey

Appellant/plaintiff

Antonio Spaziano

Appellant/plaintiff

J. Wayne Homer

Respondent/defendant

Procedural Posture

Civil Appeal From Summary Judgment / Court of Appeal Decision on Appeal From Motion Judge's Summary Judgment Order

Legal Issues

  1. 1 Whether the motion judge erred in denying an adjournment after counsel was removed and the appellant was absent
  2. 2 Whether the summary judgment dismissing the action should be set aside
  3. 3 Whether the claim was statute-barred

Ratio Decidendi

The motion judge correctly found the claim to be statute-barred and there was no basis on the record to set aside his discretionary decision to deny an adjournment or to disturb the summary judgment; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgment dismissing the action affirmed

Orders

  • Appeal dismissed
  • Summary judgment of the motion judge dismissing the action affirmed