Court of Appeal for Ontario
Re: Irmelli Siivonen and Eero Siivonen, Trustees of the Estate of Kirsti Orvokki Halow, deceased (Plaintiffs/Respondents) v. Michael John Halow, Sr. (Defendant/Appellant)
Before: Doherty, Laskin and Feldman JJ.A.
Counsel: Bonnie Tough and Jason Squire for the appellant W.D. Newton and J.L. Dusolt for the respondents
Heard: May 4, 2004
On appeal from the order of Justice H.M. Pierce, of the Superior Court of Justice, dated August 11, 2003.
APPEAL BOOK ENDORSEMENT
1We agree with Ms. Tough that the letter of June 26, 2002 should have been before the motion judge. We are satisfied, however, that the result would have been the same given the history of this matter, and the absence of any material from the appellant on the motion, or even now, explaining the default or complying with outstanding undertakings.
2The appeal from the order striking the statement of defence is dismissed.
3The issue raised on the application was pleaded in the statement of defence and given that the statement was properly struck, it would have been inappropriate to proceed with the merits of the application.
4Appeal dismissed. Costs of the proceedings in this court payable to the respondents and fixed at $6,000.00.
5On consent, the title of proceedings in appeal C40637 should be amended to include as a respondent Michael John Halow Jr.