COURT OF APPEAL FOR ONTARIO
ROSENBERG, ROULEAU JJ.A. and KILLEEN J. (AD HOC)
BETWEEN:
EMAND ELGUINDY
Appellant (Plaintiff)
and
AMEX BANK OF CANADA
Respondent (Defendant)
Emand Elguindy in person
Sarah Millar for the respondent
Heard and endorsed: May 29, 2007
On appeal from the order of Justice Rose T. Boyko of the Superior Court of Justice dated January 2, 2007.
APPEAL BOOK ENDORSEMENT
1There is no merit to this appeal. The appellant is really attempting to appeal the affidavit order, an appeal from which was quashed by this court. He did not comply with the order. Bayko J. was entitled to dismiss the action without notice pursuant to rule 37.07(2) as service was unnecessary in light of the terms of the affidavit order.
2The appeal is dismissed with costs fixed at $2,000 inclusive of GST and disbursements.