Court File and Parties

CITATION: John v. Tonner, 2008 ONCA 808

DATE: 20081201

DOCKET: C43012

COURT OF APPEAL FOR ONTARIO

Rosenberg, Feldman and Simmons JJ.A.

BETWEEN:

Anita John, Allan Johnson, Bruce Jackson and Real Estate Council of Ontario

Respondents

and

Steven Tonner and Justice of the Peace Deanne Chapelle

Appellant

Counsel:

Joseph Markin for the appellant Steven Tonner

Christopher D. Bredt and Morgana Kellythorne for the respondents Anita John et al.

Heard and endorsed: November 21, 2008

On appeal from the order of Justice David J. McCombs of the Superior Court of Justice dated January 19, 2005.

APPEAL BOOK ENDORSEMENT

[1] The respondents concede that they never sought an order relating to proceedings other than the discipline proceedings and related matters that were considered by McCombs J. and that this order was not intended to apply to any other proceedings.

[2] Accordingly, paragraph (2) of the order is varied to include the words “without notice to the proposed witnesses” and paragraph (3) of the order is struck out.

[3] We are otherwise satisfied that McCombs J. properly made the order.

[4] Accordingly, the appeal is allowed in part, with costs fixed at $4,000 inclusive of G.S.T. and disbursements to be set off against the costs orders outstanding against the appellant.