CITATION: Fish & Associates Professional Corporation v. Kippel, 2008 ONCA 79
DATE: 20080206
DOCKET: C47148
COURT OF APPEAL FOR ONTARIO
WINKLER C.J.O. and CRONK and EPSTEIN JJ.A.
BETWEEN:
FISH & ASSOCIATES PROFESSIONAL CORPORATION
Plaintiff (Respondent)
and
FRANK KIPPEL and MICHAEL KIPPEL
Defendants (Appellants)
No one appearing for Frank Kippel
Michael Kippel, in person
Philip C. Polster, for the respondent
On appeal from the order of Justice Romain Pitt of the Superior Court of Justice dated May 22, 2007.
A D D E N D U M
[1] On December 21, 2007, this court adjourned this appeal on terms and directed that the appeal be dismissed if the terms were not met within 45 days thereafter. Those terms capable of performance not having been met, and the time set for compliance with the terms having now expired, this appeal is hereby dismissed.
[2] The respondent shall deliver its brief written submissions concerning the costs of this appeal to the Registrar of this court within ten days from the date hereof. The appellants shall deliver their brief responding submissions concerning costs to the Registrar within ten days thereafter.
"W. Winkler C.J.O."
"E.A. Cronk J.A."
"G. Epstein J.A."