



COURT OF APPEAL FOR ONTARIO

CITATION: Chavdarova v. The Staffing Exchange, 2017 ONCA 996

DATE: 20171215

DOCKET: C63771

Hourigan and Brown JJ.A. and Himel J. (
ad hoc
)

BETWEEN

Lyudmila Chavdarova a.k.a. Mila
    Chavdarova

Plaintiff/Appellant

and

The Staffing Exchange a.k.a. TSE Canada

Defendant/Respondent in Appeal

Lyudmila Chavdarova, for the appellant

Michael Polvere, for the respondent

Heard: December 15, 2017

On appeal from the judgment of Justice Douglas Gray of
    the Superior Court of Justice, dated April 26, 2017.

APPEAL BOOK ENDORSEMENT

[1]

We appreciate that the appellant did not comply with the order made by
    the motion judge at the pre-trial conference. This put the motion judge in a
    difficult position in terms of calculating damages. However, the appellant did
    file an affidavit with supporting documentation and a factum which referenced
    those documents and detailed her claim for damages.

[2]

In the circumstances, we are of the view that the motion judge should
    have afforded the appellant an opportunity to file evidence that would have
    entitled her to evaluate the appellants claim.

[3]

We are allowing the appeal. We are directing that the parties file all the
    evidence they deem advisable and appear before the motion judge for a damages
    hearing. To be clear, the appellant should ensure that she files evidence that
    complies with the motion judges pre-trial order. It will be open to the motion
    judge to determine the proper procedure for the hearing, including
    cross-examination.


