Court of Appeal for Ontario
Feldman, MacFarland and Strathy JJ.A.
BETWEEN
Elaine Lynn Priest
Applicant (Respondent in appeal)
and
Paul Duncan Reilly
Respondent (Appellant)
Paul Duncan Reilly, acting in person
George Johnson, for the respondent
Heard and released orally: June 5, 2013
On appeal from the order of Justice Steinberg of the Superior Court of Justice, dated August 3, 2012.
ENDORSEMENT
1We see no error in the order made by Steinberg J. It is clear from the transcript that the appellant indicated that he had been in the court when the order of Lafrenière J. was made.
2The appeal is dismissed but without prejudice to the appellant’s right to bring a fresh application and include in that application the issues raised in the application dismissed.
3Counsel for the respondent has helpfully offered to assist the appellant to obtain an early hearing date for any such motion if needed.
4The appeal is dismissed. Costs of the appeal to the respondent fixed in the sum of $2,500, inclusive of disbursements and HST.
“K. Feldman J.A.”
“J. MacFarland J.A.”
“G. R. Strathy J.A.”