DATE: 20061025

DOCKET: C45075

COURT OF APPEAL FOR ONTARIO

RE: Emadeldin El-Guindi (Appellant/Plaintiff) – and – Ajit Liddar (Respondent/Defendant)

BEFORE: SHARPE, SIMMONS and LANG JJ.A.

COUNSEL: Emadeldin El-Guindi, in person Ajit Liddar, in person

HEARD & ENDORSED: October 20, 2006

On appeal from the final order of Justice Snowie of the Superior Court of Justice dated March 16, 2006.

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

[1] The motions judge, on her own motion, stayed the action until the appellant paid $2000 in costs previously ordered in relation to the motion for security for costs. The motion before the motions judge was by the appellant to compel the attendance of the respondent for cross-examination in regard to the underlying motion for security for costs. The motions judge gave no reason for her order. In our view, the appropriate remedy was to dismiss the motion that was before her and not to stay the entire action. The stay was not requested and the motions judge erred in granting it.

[2] Accordingly, we allow the appeal, set aside the order, and in its place order that unless the costs are paid within 30 days, the appellant’s motion shall be dismissed. If the appellant’s motion is dismissed, the respondent is not likely to proceed with the motion for security for costs. We order no costs.