Case Name:

McDougall v. Andre Lanoue Pontiac Buick Inc.




Gerald McDougall, (plaintiff/respondent), and

Andre Lanoue Pontiac Buick Inc. and Craig Lanoue,



[2006] O.J. No. 1465


Docket: C44721



 Ontario Court of Appeal

 Toronto, Ontario


J.I. Laskin, J.L. MacFarland and H.S. LaForme JJ.A.


Heard: April 13, 2006.

 Judgment: April 13, 2006.

 Released: April 18, 2006.


(3 paras.)


Appeal From:

On appeal from the order of Justice Richard C. Gates of the Superior Court of Justice, dated December 22, 2004 made at Windsor, Ontario.



Samuel A. Mossman for the appellants

Raymond Colautti for the respondent






The following judgment was delivered by

1     THE COURT (endorsement):-- The defendants did not deliver their affidavit of documents for seven years. Under rule 24, the delivery of the affidavit was a condition precedent to bringing the motion to dismiss for delay.

2     In these circumstances, the motion judge did not err in exercising his discretion by refusing the defendants' motion.

3     The appeal is dismissed without costs.