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  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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Sahinbay v. Da Silva, 2016 ONCA 333 (CanLII)

ENDORSEMENT

[1]         The appellant is represented by counsel today.  Counsel argues that at the trial of the action, the appellant was self-represented, was taking unreasonable positions, lacked counsel due to factors beyond his control, and suffered a head injury.  He submits that given these circumstances, the trial judge, of his own initiative, ought to have adjourned the trial so that the appellant could confer with counsel.

[2]         We do not accept the appellant’s submission.

[3]         A reading of the transcript of proceedings reveals that the trial judge conducted a fair trial.  He repeatedly offered the appellant an adjournment of the trial but these offers were repeatedly refused.  He also pointed out the weaknesses of the appellant’s case in the absence of properly tendered evidence.

[4]         Moreover, we reject the argument, raised for the first time today, that counsel for the respondent was obliged to do more in the circumstances.  Again, a review of the transcript does not support such a complaint.

[5]         The appeal is dismissed.  Costs are awarded to the respondents in the amount of $2,000 inclusive of disbursements and applicable taxes.

http://canlii.ca/t/gr52q

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