York v. TV Guide Inc., (1984) 5 O.A.C. 330 (DC)

Judge:Henry, J.
Court:Superior Court of Justice of Ontario
Case Date:July 13, 1984
Jurisdiction:Ontario
Citations:(1984), 5 O.A.C. 330 (DC)
 
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York v. TV Guide Inc. (1984), 5 O.A.C. 330 (DC)

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York v. TV Guide Inc.

Indexed As: York v. TV Guide Inc.

Ontario Divisional Court

Henry, J.

September 5, 1984.

Summary:

At a trial in provincial court, counsel on behalf of the defendant requested an adjournment because counsel who had intended to appear for the defendant was at the time engaged in another court. The adjournment was refused and the trial judge thereupon pronounced judgment without hearing any evidence from the plaintiff or the defendant. The defendant appealed.

The Ontario Divisional Court allowed the defendant's appeal and ordered a new trial.

Practice - Topic 5412

Judgments and orders - Conditions precedent - Hearing of evidence - At a provincial court trial counsel on behalf of a defendant requested an adjournment because counsel who intended to appear for the defendant was at the time engaged in another court - The trial judge refused the adjournment and granted judgment in favour of the plaintiff without hearing any evidence - The Ontario Divisional Court on an appeal by the defendant held that the trial judge erred in granting judgment without hearing any evidence and ordered a new trial - See paragraphs 6 to 15.

Statutes Noticed:

Small Claims Court Act, R.S.O. 1980, c. 476, sect. 51 [para. 8].

Counsel:

Morris Cooper, for the defendant/appellant;

The plaintiff/respondent appeared in person.

This appeal was heard on July 13, 1984, before Henry, J., of the Ontario Divisional Court, whose oral decision was released on September 5, 1984:

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