Court File and Parties

CITATION: Al Mansouri v. Environmental Consulting Services Limited, 2008 ONCA 477

DATE: 20080613

DOCKET: C48245

COURT OF APPEAL FOR ONTARIO

FELDMAN, LANG and EPTSEIN JJ.A.

BETWEEN:

SAEED BIN MOHAMED BIN HOFAN AL MANSOURI

Plaintiff (Appellant)

and

ENVIRONMENTAL CONSULTING SERVICES LIMITED

Defendant (Respondent)

Christopher J. Cosgriffe for the appellant

No one for the for the respondent

Heard and endorsed: June 6, 2008

On appeal from the judgment of Justice Roydon Kealey of the Superior Court of Justice dated April 4, 2007.

APPEAL BOOK ENDORSEMENT

[1] This appeal was unopposed before this court as Weir Foulds was removed from the record on its own motion in April. At that time the court was advised that the respondents were fully aware of this appeal date and did not intend to appear or file a factum.

[2] The appellant requests the following relief:

(1) Set aside the portion of the judgment that orders a reference. We agree that the motion judge erred in his interpretation of the UAE judgment in that regard.

(2) Return of the amount paid in for security for costs. We agree that that amount now be paid out to the appellant.

(3) An order for pre and post judgment interest under the Courts of Justice Act. We order prejudgment interest from May 10, 1999 the date of the commencement of the Ontario proceeding, and post judgment interest in accordance with the Courts of Justice Act.

(4) Costs below which we fix at $40,000. Cost of the appeal which we fix at $5,000 inclusive of G.S.T. and disbursements.