Court of Appeal for Ontario

Date: 2019-11-15 Docket: C66687

Judges: Simmons, Pardu and Nordheimer JJ.A.

Between

Rumanek & Company Ltd. (Equitable Receiver for Xuan Luu) Applicant (Respondent)

and

Mohamed Abuomar also known as Mohamed Abu-Omar also known as Mohamed A.R. Abuomar also known as Mohamed A. Abu-Omar and Horya El-Rakeb Respondents (Appellants)

Counsel

Mohamed Abuomar, acting in person Horya El-Rakeb, acting in person Timothy Morgan, for the respondent

Heard: November 8, 2019

Appeal

On appeal from the order of Justice Douglas K. Gray of the Superior Court of Justice, dated March 11, 2019, with reasons reported at 2019 ONSC 1589.

Appeal Book Endorsement

[1] The appellants appeal from an order for sale under the Partition Act, R.S.O. 1990, c. P.4. Under s. 7 of the Partition Act this appeal lies to the Divisional Court. The appeal is therefore quashed for want of jurisdiction.

[2] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $10,000 inclusive of disbursements and taxes.