Court of Appeal for Ontario

Date: 2004-05-05

Docket: C40635-C40637

Re: Irmelli Siivonen and Eero Siivonen, Trustees of the Estate of Kirsti Orvokki Halow, deceased (Plaintiffs/Respondents) v. Michael John Halow, Sr. (Defendant/Appellant)

Before: Doherty, Laskin and Feldman JJ.A.

Counsel: Bonnie Tough and Jason Squire for the appellant W.D. Newton and J.L. Dusolt for the respondents

Heard: May 4, 2004

On appeal from the order of Justice H.M. Pierce, of the Superior Court of Justice, dated August 11, 2003.

APPEAL BOOK ENDORSEMENT

[1] We agree with Ms. Tough that the letter of June 26, 2002 should have been before the motion judge. We are satisfied, however, that the result would have been the same given the history of this matter, and the absence of any material from the appellant on the motion, or even now, explaining the default or complying with outstanding undertakings.

[2] The appeal from the order striking the statement of defence is dismissed.

[3] The issue raised on the application was pleaded in the statement of defence and given that the statement was properly struck, it would have been inappropriate to proceed with the merits of the application.

[4] Appeal dismissed. Costs of the proceedings in this court payable to the respondents and fixed at $6,000.00.

[5] On consent, the title of proceedings in appeal C40637 should be amended to include as a respondent Michael John Halow Jr.