



COURT OF APPEAL FOR ONTARIO

CITATION: JVJ Consulting Inc. v. Barnell, 2017 ONCA 937

DATE: 20171130

DOCKET: C63577

Simmons, Brown and Fairburn JJ.A.

BETWEEN

JVJ Consulting Inc.

Respondent/Plaintiff

and

Osborne G. Barnell and OGB Law Offices

Appellant/Defendants

Osborne Barnwell, for the appellant

Roger Gosbee, for the respondent

Heard: November 30, 2017

On appeal from the judgment of Justice F.L. Myers of the
    Superior Court of Justice, dated March 7, 2017.

APPEAL BOOK ENDORSEMENT

[1]

This appeal is adjourned to February 2, 2018.  We advised the parties
    that our preliminary view is that we cannot properly deal with this appeal
    without a transcript of the hearing below and the Digital Court Recording
    (DCR) of the hearing.  Rather than bifurcate the appeal, the parties asked
    that we adjourn it to another date.  We order the following:

1.    the
    Registrar of this court forthwith obtain 5 copies of a transcript of the hearing
    below (a motion heard March 6, 2017) and 3 copies of the DCR for the panel
    hearing the appeal and that such transcript and copies be produced forthwith;

2.    upon
    receipt of the transcripts, the Registrar make a copy available to each of the
    parties;

3.    that
    each of the parties be entitled to obtain a copy of the DCR upon complying with
    the Superior Court protocol;

4.    that a
    copy of this endorsement be forwarded forthwith to Myers J;

5.    nothing
    in this endorsement is intended to bind the panel that hears the appeal. Costs
    of today reserved to the panel.

6.    a supplementary
    factum not to exceed 10 pages be delivered by the appellant 2 weeks in advance
    of the hearing date and by the respondent 1 week in advance of the hearing
    date.


