COURT OF APPEAL FOR ONTARIO
DATE: 2004-11-24
DOCKET: C36730
RE: GURMEET SINGH GREWAL, KULDIP SINGH GREWAL, JASBIR SINGH SARNI, NARINDER SINGH SEKHON, JASBIR SINGH, MANOHAR SINGH, MUKHWINDER SINGH and TAJINDER PAL SINGH KALOE (Plaintiffs/Appellants) – and – KEHAR SINGH GILL, DAVINDER SINGH CHHOKAR, SARWAN SINGH GILL, RANJIT SINGH, BALDEV SINGH BRAR and SRI GURU NANAK SIKH CENTRE (Defendants/ Respondents)
BEFORE: SHARPE, ARMSTRONG and BLAIR
COUNSEL: Morris Singer for the appellants David Marnier for the respondents Lisa Kadoory for Axy S. Leighl
HEARD & ENDORSED: November 19, 2004
On appeal from judgment of Justice Snowie dated June 28, 2001.
A P P E A L B O O K E N D O R S E M E N T
[1] In our view, this is a case for an order pursuant to rule 57.07 that Mr. Leighl pay the costs thrown away as a result of the adjournment of this appeal on November 16, 2004. We reach that conclusion solely on the basis of his failure to take the appropriate action to enable this court to hear the appeal in a timely manner despite several orders and directions from this court establishing time lines for the conduct of the appeal.
[2] We fix the costs in the amount of $5000 and direct that he pay them forthwith.