Equifax Canada Co. v. Oh

Equifax Canada Co. v. Oh

Given the motion judge's repeated reference to an unsworn 'affidavit' and the failure to distinguish between unsworn material and oral submissions in the reasons, the transcripts of the attendance and motion hearings were necessary to determine the source and content of the evidence for purposes of the appeal; accordingly the appellant's request to include those transcripts in the appeal record and to extend the time to perfect the appeal until 60 days after the transcripts are filed was granted, with admissibility left to the panel hearing the appeal and costs reserved to that panel.

Citation
2026 ONCA 76
Parties
Plaintiff (responding Party): Equifax Canada Co.; Defendant (moving Party): Richard Oh
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 February 2026
Procedural Posture
Collection / Appeal From Summary Judgment; Motion to Include Transcript and Extend Time to Perfect Appeal
Outcome
Motion granted: transcripts ordered included in the appeal record and time to perfect the appeal extended until 60 days after the transcript is filed; costs reserved to the panel hearing the appeal.
Legal Topics
Summary Judgment, Transcript Inclusion, Perfecting an Appeal, Extensions of Time, Self Represented Litigants, Unsworn Affidavit, Admissibility
Source Language
English
Civil Civil Procedure Evidence Appeal Summary Judgment Transcript Inclusion Perfecting an Appeal Extensions of Time +3 more

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Parties

Equifax Canada Co.

Plaintiff (responding Party)

Richard Oh

Defendant (moving Party)

Procedural Posture

Collection / Appeal From Summary Judgment; Motion to Include Transcript and Extend Time to Perfect Appeal

Legal Issues

  1. 1 Whether transcripts of the summary judgment motion proceedings are necessary for the hearing of the appeal under Rules 61.05(1) and 61.09(3)(b)
  2. 2 Whether the time to perfect the appeal should be extended under Rules 2.02 and 61.13(4)
  3. 3 Whether unsworn affidavits and oral statements by a self-represented litigant constitute admissible evidence on appeal

Ratio Decidendi

Given the motion judge's repeated reference to an unsworn 'affidavit' and the failure to distinguish between unsworn material and oral submissions in the reasons, the transcripts of the attendance and motion hearings were necessary to determine the source and content of the evidence for purposes of the appeal; accordingly the appellant's request to include those transcripts in the appeal record and to extend the time to perfect the appeal until 60 days after the transcripts are filed was granted, with admissibility left to the panel hearing the appeal and costs reserved to that panel.

Court Disposition

Motion granted: transcripts ordered included in the appeal record and time to perfect the appeal extended until 60 days after the transcript is filed; costs reserved to the panel hearing the appeal.

Orders

  • Transcript of the summary judgment motion attendances on May 16, 2025 and March 21, 2025 to be included in the appeal record pursuant to Rule 61.05(1) and Rule 61.09(3)(b) of the Rules of Civil Procedure
  • Time to perfect the appeal extended until 60 days after the transcript is filed pursuant to Rules 2.02 and 61.13(4) of the Rules of Civil Procedure