Editor’s note: Book endorsement was released on October 30, 2003. The amendment is reflected in counsel's name.

DATE: 20031030

DOCKET: C38774

COURT OF APPEAL FOR ONTARIO

RE:

IN THE MATTER OF THE BANKRUPTCY OF JOHN KUAR PERSAUD a.k.a. Ramphal of the Town of Markham, in the Province of Ontario, teacher

IN THE MATTER OF THE BANKRUPTCY OF DEOMATTIE a.k.a. SHEILA PERSAUD a.k.a. Ramphal, of the Town of Markham, in the Province of Ontario, housewife

BEFORE:

O’CONNOR A.C.J.O., CATZMAN and ABELLA JJ.A.

COUNSEL:

Ronald B. Moldaver Q.C.

for the appellant

Lou Brzezinski and

Lea Nebel

for the respondent

HEARD & ENDORSED:

October 23, 2003

On appeal from the order of Justice Cameron dated August 6, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] On this record, it was open to Cameron J. to conclude that the appellant’s delays in prosecuting the appeal in the aggregate were undue and to exercise his discretion to dismiss the appeal for an abuse of process.

[2] Costs to the respondent are fixed in the amount of $5,000, inclusive of disbursements and G.S.T.

[3] The motion for leave to cross-appeal to add Mr. Mathura to Cameron J.’s order is dismissed.