COURT OF APPEAL FOR ONTARIO
Huscroft, Nordheimer and Harvison Young JJ.A.
BETWEEN
Charles F. Cooper
Plaintiff (Appellant)
and
Ira Edward Book
Defendant (Respondent)
W. Gerald Punnett, for the appellant
Michael Zalev and Rhea Kamin, for the respondent
Heard and released orally by videoconference: October 23, 2020
On appeal from the order of Justice Michael R. Gibson of the Superior Court of Justice, dated September 17, 2019.
REASONS FOR DECISION
1The appellant has not complied with two last-chance orders dated May 14 and August 6, 2019, concerning disclosure obligations and payment of outstanding costs. The August order included consent to dismissal of the appellant’s action with costs if he did not comply with that order.
2There is no dispute that the appellant has not complied. Nor does the appellant identify any errors that would allow this court to intervene: see Starland Contracting Inc. v. 1581518 Ontario Ltd., 2009 CanLII 30449 (ON SCDC).
3The appeal is dismissed. The respondent is entitled to costs in the agreed amount of $6,000 all inclusive, payable forthwith.
“Grant Huscroft J.A.”
“I.V.B. Nordheimer J.A.”
“A. Harvison Young J.A.”