DATE: 20020619
DOCKET: C34127

COURT OF APPEAL FOR ONTARIO

McMURTRY C.J.O., CHARRON and MOLDAVER JJ.A.

BETWEEN:

RAOUL SODHI

Jeffrey Langevin, for the appellant

Appellant

(Respondent in cross-appeal)

• and -

CAROLINE SODHI

Philip M. Epstein, Q.C., Ilana I. Zylberman, for the respondent

Respondent

(Appellant in cross-appeal)

Heard: February 20, 2002

On appeal from the judgment of Charbonneau J. dated February 4, 2000 and March 24, 2000.

ADDENDUM TO JUDGMENT

[1] This court’s judgment was released on April 18, 2002. As indicated in our judgment, those issues affected by the bankruptcy of the respondent Caroline Sodhi were not dealt with at the hearing of the appeal. Following the hearing and further to the request of counsel for the appellant Raoul Sodhi, we agreed to entertain written submissions on those issues, once an order to continue was obtained by the appellant. By letter dated April 17, 2002, counsel for both parties were advised that the submissions of the appellant were to be served and filed no later than May 15, 2002, the respondent’s response by June 1, 2002 and any reply by June 7, 2002. To date, the appellant has not served or filed any material with respect to the remaining property issues. Consequently, the appeal with respect to all remaining issues is dismissed as abandoned.

[2] This court has received the submissions of the respondent with respect to the costs of the appeal in accordance with the terms of our judgment. No submissions were received from the appellant. Nonetheless, this court finds the respondent’s Bill of Costs excessive. We hereby fix the costs of the appeal payable to the respondent at $12,000 on a partial indemnity basis.

June 19, 2002

“McMurtry C.J.O.”

“Charron J.A.”

“Moldaver J.A.”