Hamilton v. Vaughan
Joanne Vaughan
Law Firm / Organization
Self Represented
Shawn Hamilton
Law Firm / Organization
Stewart Esten LLP

Background:

  • Joanne Vaughan sought to amend an endorsement by George J.A. that extended her time to perfect an appeal until March 14, 2024.
  • The case stems from litigation initiated by Hamilton against Vaughan. Vaughan’s motions to strike and invoke privilege were stayed pending her motion under s. 137.1 of the Courts of Justice Act (CJA), which was dismissed, leading to this appeal.

Issues on Appeal:

  1. Extension of Time: Vaughan wanted more time to perfect her appeal until her motions to strike and invoke privilege were heard.
  2. Notice of Change in Representation: Vaughan requested Hamilton to file a Notice of Change in Representation.
  3. Fault for Delay: Vaughan claimed Hamilton caused the delay in finalizing the order and sought to amend the endorsement.

Court’s Decision:

  • Extension of Time: Granted only until March 14, 2024, not beyond the pending motions.
  • Notice of Change in Representation: Declined.
  • Fault for Delay: No basis to support Vaughan’s claim against Hamilton. No evidence of misapprehension by George J.A.

Key Points:

  • Intervention Standard: Only justified if the motion judge failed to apply relevant principles or reached an unreasonable conclusion.
  • Lack of Evidence: Vaughan’s allegations lacked supporting evidence.
  • No Mandatory Requirement: The court found no merit in Vaughan’s claim regarding Form 15A under Rule 15.03(1) of the Rules of Civil Procedure.
  • No Prejudice or Need: The court rejected Vaughan’s argument that hearing her motions before the appeal would not prejudice Hamilton.

Outcome:

  • Vaughan’s motion was dismissed.
  • No costs order was issued.

 

Court of Appeal for Ontario
COA-23-CV-0317; M54778
Civil litigation
Respondent