Court of Appeal for Ontario

Citation: Hill v. Heinz, 2007 ONCA 249

Date: 20070405

Docket: C42643

Before: MACPHERSON, MACFARLAND and LAFORME JJ.A.

Between:

DAVID HENDERSON HILL

Appellant

and

HEINZ AUTO COLLISION

Respondent

Counsel:

Andrew K. Lokan, for the appellant

Jeffrey D. Gray, for the respondent

Heard: April 3, 2007

On appeal from the judgment of Justice John R. R. Jennings of the Superior Court of Justice dated October 22, 2004.

APPEAL BOOK ENDORSEMENT

[1] This appeal has been adjourned several times and is scheduled today, peremptory on the appellant.

[2] We are informed that the appellant filed for bankruptcy on Friday, March 30. His counsel has tried diligently to contact the trustee with a view to seeking instructions about whether the trustee will authorize the appeal proceeding. The trustee has not responded to the appellant’s counsel.

[3] In light of these factors, we agree with the respondent that the appropriate order is that the appeal be deemed abandoned. So ordered. The money currently held in court pending this appeal is to be released to the respondent. Costs of the appeal to the respondent fixed at $15,000 inclusive of disbursements and GST.