Court of Appeal for Ontario
Before: Weiler, Blair and Epstein JJ.A.
Between:
Professor Starson
Applicant (Appellant)
and
Dr. Mark Pearce
Respondent (Respondent)
Counsel:
Meredes Perez, as amicus curiae
Janice Blackburn, for the respondent
Heard: January 10, 2011
On appeal from the order of Justice Gloria R. Klowak of the Superior Court of Justice, dated June 23, 2009.
APPEAL BOOK ENDORSEMENT
1The appeal was peremptory to the appellant. The appellant chose not to appear. Through amicus he has advised the court that his decision not to appear is a principled one, because the Supreme Court of Canada, he says, has already decided the issue. This is not a reason for his failure to appear to pursue the appeal but only an argument in support of his position.
2He personally appeared and represented his interests in the hearings at first instance. The appellant has been advised that the amicus is not his lawyer and that the appeal could be dismissed if he chose not to appear. The respondent submits that having regard to the fact the appellant has chosen not to appear and that the appeal is very fact specific it should be dismissed. In all the circumstances the appeal is dismissed as an abandoned appeal.