Court of Appeal for Ontario
Before: MacPherson, Lang and MacFarland JJ.A.
Between:
Nicolo Fortunato Applicant (Appellant)
and
Andrew Atrens, and, York Condominium Corporation No. 42 Respondents (Respondents)
Counsel: Nicolo Fortunato, in person George F. Vella, for the respondent
Heard: February 15, 2008
On appeal from the orders of Justice J. Lax of the Superior Court of Justice dated July 3, 2007.
APPEAL BOOK ENDORSEMENT
1The appellant, Nicolo Fortunato, appeals the order of Lax J. dated 3 July 2007 dismissing his application for an order to replace Andrew Atrens as the Court Administrator of York Condominium Corporation No. 42.
2We can see no error in Lax J.’s analysis or conclusions.
3The appeal is dismissed.
4The respondent is entitled to costs of the appeal which we fix at $3,000 inclusive of disbursements and GST. This amount is to be paid out of the money currently paid into court ($5,000 plus interest) with the remainder being returned to Mr. Fortunato.