Editor’s note: Book endorsement was released on October 30, 2003. The amendment is reflected in counsel's name.
DOCKET: C38774
COURT OF APPEAL FOR ONTARIO
RE:
IN THE MATTER OF THE BANKRUPTCY OF JOHN KUAR PERSAUD a.k.a. Ramphal of the Town of Markham, in the Province of Ontario, teacher
IN THE MATTER OF THE BANKRUPTCY OF DEOMATTIE a.k.a. SHEILA PERSAUD a.k.a. Ramphal, of the Town of Markham, in the Province of Ontario, housewife
BEFORE:
O’CONNOR A.C.J.O., CATZMAN and ABELLA JJ.A.
COUNSEL:
Ronald B. Moldaver Q.C.
for the appellant
Lou Brzezinski and
Lea Nebel
for the respondent
HEARD & ENDORSED:
October 23, 2003
On appeal from the order of Justice Cameron dated August 6, 2002.
A P P E A L B O O K E N D O R S E M E N T
1On this record, it was open to Cameron J. to conclude that the appellant’s delays in prosecuting the appeal in the aggregate were undue and to exercise his discretion to dismiss the appeal for an abuse of process.
2Costs to the respondent are fixed in the amount of $5,000, inclusive of disbursements and G.S.T.
3The motion for leave to cross-appeal to add Mr. Mathura to Cameron J.’s order is dismissed.