Court File and Parties
COURT OF APPEAL FOR ONTARIO
Moldaver, Cronk and Armstrong JJ.A.
BETWEEN:
Stoyka Todorova Georgieva
Applicant
And
Phil Gold, Renee Gold and Henry Josef Gertner
Respondents (Appellant)
William S. O’Hara, for the appellant Henry Josef Gertner
Jay Krieger, for the respondents Phil Gold and Renee Gold
Heard and endorsed: February 17, 2010
On appeal from the order of Justice Moore of the Superior Court of Justice dated July 6, 2009.
APPEAL BOOK ENDORSEMENT
1The appellant has failed to appear. It is now 11:30 a.m. We are satisfied that the appellant knew that his counsel was going to be seeking an order that he be removed from the record and that he was not opposed. We are further satisfied that the appellant knew that he was to be present in court at 10:30 a.m. to argue this matter. In the circumstances, we would dismiss the appeal as abandoned.
2Costs to the respondent fixed at $1,500 inclusive of G.S.T. and disbursements.