Bell T.C.J.:
When this matter was called for hearing, the Appellant was not present. Respondent’s counsel advised the Court that the Appellant was in jail. He also said that he had telephoned the Appellant’s home the day before the hearing and was advised that he was still in jail.
Counsel advised further that the Appellant had failed to comply with an Order of this Court made on March 20, 1998 requiring him to file and serve a list of documents on the other party not later than May 31, 1998. He then cited the case of Mehr v. R. (1996), 97 D.T.C. 98 (T.C.C.) in which the Court dismissed an appeal for similar failure.
Respondent’s counsel then made a motion to have the appeal dismissed on the basis of non-compliance with the foregoing Order and on the basis of failure to appeal.
No application for adjournment had been made.
Accordingly, the appeals are dismissed.
Application allowed.
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