The appellant, Haytham Elzayat, moved under section 7(5) of the Courts of Justice Act to review an order of Roberts J.A. denying his request to include a transcript of oral argument from the court below in his appeal materials.
The Court of Appeal found no error in the exercise of discretion by Roberts J.A., holding that the transcript was not necessary or relevant for the fair hearing of the appeal.
The motion was dismissed, and costs of $3,500 were awarded to the respondent.