DATE: 20060630

DOCKET: C44736

COURT OF APPEAL FOR ONTARIO

RE:

VAHE’ KETENJIAN (Plaintiff (Appellant)) – and – YORK UNIVERSITY (Defendant (Respondent))

BEFORE:

GOUDGE AND BLAIR JJ.A. AND THEN J. (Ad Hoc)

COUNSEL:

Vahe’ Ketenjian in person

No one appearing

for the respondent

HEARD:

June 29, 2006

On appeal from the order of Justice Alison Harvison Young of the Superior Court of Justice dated January 4, 2006.

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

[1] The appellant has not served the notice of appeal or any appeal documents on the respondent. He must do so, because the respondent was successful below in setting aside the notice of default and thus cannot be considered at this time to have been noted in default. The appeal is struck from the list. The appellant is required to properly serve the notice of appeal within two weeks hereof and file proof of service thereof if he wishes to proceed with the appeal. In default the appeal is deemed abandoned.