Court File and Parties
Citation: 1446968 Ontario Inc. v. Brampton (City), 2011 ONCA 212 Date: 2011-03-17 Docket: C52565
Court of Appeal for Ontario Rosenberg, Moldaver and Feldman JJ.A.
Between: 1446968 Ontario Inc., Plaintiff/Appellant and City of Brampton, Defendant/Respondent
Counsel: Victor Sibilia, for the appellant Charles A. Painter, for the respondent
Heard and endorsed: March 15, 2011
On appeal from the judgment of Justice John Jennings of the Superior Court of Justice dated August 10, 2010.
Appeal Book Endorsement
1We need not decide whether Rule 63.01 applied because an order for security for costs is a payment for money because the appellant did not have a valid notice of appeal, his attempt to appeal the Master’s decision being 5 weeks out of time and no extension of time having been sought or granted. Jennings J. properly dismissed the action
2Accordingly, the appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and HST to be paid out of the money held in court. Also, the $750 costs ordered by Sharpe J.A. is to be paid out of the monies held in court.