Komuro v. Lu

Summary

The moving party, self-represented, sought panel review of a motion judge's refusal to extend time to appeal two family-litigation decisions. The panel dismissed it on written submissions after he did not attend. The court later learned that an administrative error meant he was never notified of the hearing date. It found procedural unfairness, set aside the dismissal and remitted the review to another panel for an oral hearing.

Outcome

Dismissal of the panel review motion set aside. Matter remitted for an oral hearing and determination by another panel. The underlying extension-of-time review is not decided on its merits.

Why this case matters

A court panel may set aside its own dismissal and remit the matter for an oral hearing where a party was not notified of the hearing date through no fault of their own.

Paragraph references

Para 1: background and non-attendance. Para 2: administrative error, loss of the prima facie right to oral submissions, procedural unfairness, and the Pomata Investment Corp. v. Yang, 2023 ONCA 618 principle that a panel may set aside its decision where a party through no fault of their own was not notified. Para 3: disposition (set aside and remit to another panel).