Court of Appeal for Ontario
Before: Feldman, Blair and LaForme JJ.A.
Between
Alamgir Hussain and Jesmin Ara
Appellant
and
Moshe Ehrentreu
Respondent
Counsel: Alamgir Hussain in person Moses Muyal, for the respondent
Heard and endorsed: June 10, 2011
On appeal from: the order of Justice Penny of the Superior Court of Justice dated October 21, 2010.
APPEAL BOOK ENDORSEMENT
1Following the endorsement of Penny J. of October 21, 2010, the formal judgment was amended in accordance with his reasons to reflect the corrected interest calculation on $136,200, but the principal shown of $140,000 was not corrected.
2We order that the correction be made in the formal order.
3There is no basis to interfere with the order made by Penny J. of no costs.
4Although the motion judge did not in his reasons deal with the appellant’s request for a stay of enforcement of the mortgage, the issue has been dealt with by two subsequent orders, one by a judge of this court, and one by a judge of the Superior Court.
5In the result, the appeal is allowed in part to correct the formal judgment. Otherwise it is dismissed.
6As success was divided, there will be no costs of the appeal