COURT OF APPEAL FOR ONTARIO
CITATION: Yenovkian v. Shirtliff-Hinds Professional Corporation, 2026 ONCA 588
DATE: 20260818
DOCKET: M57089 (COA-26-CV-0244)
Miller, Wilson and Madsen JJ.A.
BETWEEN
Vem Yenovkian
Applicant (Appellant/Moving Party)
and
Shirtliff-Hinds Professional Corporation
Respondent (Respondent/Responding Party)
Vem Yenovkian, acting in person
Robert B. Macdonald, for the respondent/responding party
Heard and rendered orally: August 17, 2026
On review of the order of Justice Julie Thorburn of the Court of Appeal for Ontario, dated May 22, 2026.
REASONS FOR DECISION
[1] The moving party seeks a panel review of the order of Thorburn J.A., requiring the moving party to post security for costs and staying the appeal in the interim.
[2] The moving party has not identified any reviewable errors. Even if the appeal was arguable, which it is not given the settled law with respect to the essential terms of releases, the moving party acknowledges that he resides outside the province and has no assets in the province. This is sufficient in itself to ground the order. The fact that other judges in previous stages of the proceeding declined to grant security on that basis is irrelevant. There were ample grounds to order that security be posted under rr. 61.06(1)(a), (b), and (c). The motion judge made no error and the motion is dismissed.
[3] The moving party has seven days to post security as ordered by Thorburn J.A. failing which the appeal may be dismissed at the instance of the responding party without notice to the moving party.
[4] Costs of the motion are awarded to the responding party in the amount of $5,000, all inclusive.
“B.W. Miller J.A.”
“D.A. Wilson J.A.”
“L. Madsen J.A.”