COURT OF APPEAL FOR ONTARIO

DATE: 20050329

DOCKET: M31401

RE: DONALD B. MOSHER (Plaintiff/Appellant/Moving Party) v. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (Defendant/Respondent/Responding Party)

BEFORE: DOHERTY, SHARPE and ARMSTRONG JJ.A.

COUNSEL: Donald Mosher appearing in person

James Smith for the respondent

HEARD & ENDORSED: March 23, 2005

A motion for an order setting aside the decision of McMurtry C.J.O. of the Court of Appeal for Ontario dated May 21, 2004.

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

[1] The material provides no basis upon which we can interfere with the order refusing to set aside the Registrar’s order dismissing the appeal. While we accept that the applicant has encountered some medical difficulties, the only medical reference in the material (page 207 appellant’s motion record) does not support his contention that he was medically unable to perfect the appeal over the three years that the matter has been under appeal.

[2] Motion dismissed. The respondent is entitled to its costs fixed at $2,100.00, inclusive of disbursements and GST.