COURT OF APPEAL FOR ONTARIO
Simmons, Pepall and Pardu JJ.A.
BETWEEN
Ahmed Ken Sabet
Applicant/Appellant
and
Mohamed Elhalwagy,
as Estate Trustee with a Will
of the Estate of Mostafa H. Sabet
Respondent/Respondent in appeal
Counsel:
Ioulia Vinogradova, for the appellant
John O’Sullivan, for the respondent
Heard: In writing
On appeal from the order of Justice Barbara A. Conway of the Superior Court of Justice, dated May 19, 2015.
ENDORSEMENT
1The respondent on the appeal claims substantial indemnity costs of a motion brought to dismiss the appeal for failure to pay costs ordered by LaForme J.A. when he dismissed the appellant’s motion to stay a decision pending appeal. The motion, brought before a single judge of the Court of Appeal, was adjourned to the panel hearing the appeal, but became moot when the appellant abandoned his appeal. The appellant submits that it should be awarded costs of the motion, as it was brought before a single judge rather than before a panel as required.
2Given that the motion was not properly brought to a single judge, but that the appeal has been dismissed as abandoned, there will be no costs.
“Janet Simmons J.A.”
“S.E. Pepall J.A.”
“G. Pardu J.A.”
