Court of Appeal for Ontario

Citation: Palkowski v. Ivancic, 2008 ONCA 56

Date: 2008-01-25

Docket: M35752 (C45942)

Before: LaFORME, ROULEAU and WATT JJ.A.

Between:

Jerry Palkowski and Jane Palkowski Appellants (Plaintiffs)

and

Stipan Ivancic a.k.a. Steve Ivancic Respondent (Defendant)

Counsel: Marek Z. Tufman for the appellants William O’Hara and Anna Husa for the respondent

Heard: January 24, 2008

APPEAL BOOK ENDORSEMENT

[1] The failure to comply strictly with the consent order was minimal and does not go to the heart of the order.

[2] The failure was explained and occasioned no real prejudice. The motion is granted. An order will go restoring the appeal to the hearing list.

[3] The appellants will file any additional materials on or before March 31, 2008. No costs are ordered.