Court File and Parties
COURT OF APPEAL FOR ONTARIO
Rosenberg, Feldman and Simmons JJ.A.
BETWEEN:
Anita John, Allan Johnson, Bruce Jackson and Real Estate Council of Ontario
Respondents
and
Steven Tonner and Justice of the Peace Deanne Chapelle
Appellant
Counsel:
Joseph Markin for the appellant Steven Tonner
Christopher D. Bredt and Morgana Kellythorne for the respondents Anita John et al.
Heard and endorsed: November 21, 2008
On appeal from the order of Justice David J. McCombs of the Superior Court of Justice dated January 19, 2005.
APPEAL BOOK ENDORSEMENT
1The respondents concede that they never sought an order relating to proceedings other than the discipline proceedings and related matters that were considered by McCombs J. and that this order was not intended to apply to any other proceedings.
2Accordingly, paragraph (2) of the order is varied to include the words “without notice to the proposed witnesses” and paragraph (3) of the order is struck out.
3We are otherwise satisfied that McCombs J. properly made the order.
4Accordingly, the appeal is allowed in part, with costs fixed at $4,000 inclusive of G.S.T. and disbursements to be set off against the costs orders outstanding against the appellant.