Court of Appeal for Ontario

Citation: Fortunato v. Atrens, 2008 ONCA 131

Date: 2008-02-21

Docket: C47502

Before: MacPherson, Lang and MacFarland JJ.A.

Between:

Nicolo Fortunato Applicant (Appellant)

and

Andrew Atrens, and, York Condominium Corporation No. 42 Respondents (Respondents)

Counsel: Nicolo Fortunato, in person George F. Vella, for the respondent

Heard: February 15, 2008

On appeal from the orders of Justice J. Lax of the Superior Court of Justice dated July 3, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant, Nicolo Fortunato, appeals the order of Lax J. dated 3 July 2007 dismissing his application for an order to replace Andrew Atrens as the Court Administrator of York Condominium Corporation No. 42.

[2] We can see no error in Lax J.’s analysis or conclusions.

[3] The appeal is dismissed.

[4] The respondent is entitled to costs of the appeal which we fix at $3,000 inclusive of disbursements and GST. This amount is to be paid out of the money currently paid into court ($5,000 plus interest) with the remainder being returned to Mr. Fortunato.