Court of Appeal for Ontario
Date: 2018-12-13 Docket: C65762
Judges: Rouleau, van Rensburg and Roberts JJ.A.
Between
John T. Papp Respondent (Applicant)
and
Catherine Papp, named Trustee and Beneficiary of the Estate of Margaret Papp and Elizabeth Papp Appellant (Respondents)
Counsel
M. El Rashidy, for the appellant
Owen Thomas, for the respondent
Heard
December 13, 2018
On Appeal
On appeal from the order of Justice T. Carey of the Superior Court of Justice, dated July 24, 2018.
Appeal Book Endorsement
1The respondent consents to the appeal. We agree. The order of Carey J. dated July 24, 2018 was made without jurisdiction. An order under rule 31.10 cannot be made without a proceeding having been undertaken in Ontario. The respondent undertakes not to enforce the order of Bondy J. dated July 17, 2018.
2The order of Carey J. is therefore set aside.
3As to costs, the respondent agrees that the appellant is entitled to costs of the appeal and of the proceedings below. For those, costs to the appellant fixed in the amount of $5,000 inclusive of disbursements and applicable taxes. This is in addition to the costs awarded by Trotter J.A. in the amount of $4,000 that have not been paid.