Court of Appeal for Ontario

CITATION: Detchev v. Gorman, 2008 ONCA 400

DATE: 20080521

DOCKET: C48205

DOHERTY, MOLDAVER and CRONK JJ.A.

BETWEEN:

SLAVTCHO PETROV DETCHEV

Plaintiff (Appellant)

and

DR. JAMES ALEXANDER GORMAN

Defendant (Respondent)

Counsel:

Slavtcho Petrov Detchev, in person

Eric S. Block and Erica Richler, for the respondent

Heard: May 13, 2008

On appeal from the Order of Justice Beth A. Allen of the Superior Court of Justice, dated December 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] By Order of Allen J. of the Superior Court of Justice dated December 14, 2007, the appellant’s action was dismissed on motion by the respondent for failure to post security for costs in accordance with the Order of Master Hawkins dated November 24, 2006. His appeal from that decision cannot succeed.

[2] The appellant did not appeal Master Hawkins’ Order. Nor did he comply with it. Moreover, there is no evidence before this court of any effort by the appellant to comply with the Master’s Order or with the numerous outstanding costs orders made against him. Nor did the appellant adduce evidence before the motion judge of his alleged impecuniosity, although the appellant was present before the motion judge and made submissions.

[3] Although the appellant complains that he was not properly served with a copy of Master Hawkins’ Order, that Order provided for substituted or electronic service on the appellant.

[4] The appeal is dismissed. The respondent is entitled to his costs of this appeal in the total amount of $5,000, inclusive of disbursements and G.S.T.