Court of Appeal for Ontario
Date: 2017-05-23 Docket: C61638
Judges: LaForme, van Rensburg and Huscroft JJ.A.
Between
Mark DeMarco Appellant
and
Joseph Nicoletti and John Leigh Daboll Respondent
Counsel
Mark DeMarco, acting in person
Karen Watters, for respondent
Heard
May 18, 2017
On Appeal
On appeal from the order of Justice Catrina Braid of the Superior Court of Justice, dated December 18, 2015.
Appeal Book Endorsement
1The respondent moved to dismiss the appellant's action because of his failure to pay security for costs. The appellant brought a cross-motion to vary the security. The motion judge dismissed the cross-motion and the action. The appellant, who is self-represented, appeals.
2In essence, the appellant is seeking to revisit the security for costs order. While the courts can relieve against dismissal, the discretion is limited. The motion judge correctly observed that it was not appropriate, in such a motion, to revisit the security for costs order, or to circumvent the order entirely after appeal rights have been exhausted. This is what the appellant is attempting to do.
3There is no error in principle allowing this court to interfere with this reasonable cost order.
4The appeal is dismissed.
5Costs to the respondent in the all-inclusive amount of $7,346.75.