Court of Appeal for Ontario
Before: Winkler C.J.O., Moldaver and Blair JJ.A.
Between:
Brian Wadsworth
Appellant (Plaintiff)
and
RBC Dominion Securities Inc. and Matthew Varey
Respondent (Defendant)
Counsel:
Brian Wadsworth, in person
Catherine Powell, for the Respondent RBC Dominion Securities Inc.
Heard and released orally: January 13, 2009
On appeal from the order of Justice James Ramsay of the Superior Court of Justice, dated June 13, 2008, made at Kitchener, Ontario.
Appeal Book Endorsement
1The appeal against Ramsay J.’s order that the appellant was not obliged to pay the $7,500 costs order is dismissed. However, with the consent of the respondent, the appellant shall have until January 20, 2009 to pay the $7,500 costs order, failing which the action is dismissed.
2As to the appeal with respect to the affidavit of documents, the appeal is quashed without prejudice to whatever remedies the appellant may have under the Rules.
3Costs to the respondent fixed at $500 payable forthwith.