Court of Appeal for Ontario

CITATION: Rudling Estate v. Rudling, 2009 ONCA 332

DATE: 20090424

DOCKET: C48162

Simmons, Blair and Epstein JJ.A.

In the Matter of the Estate of Pauline Rudling, deceased

BETWEEN:

Ronald William Rudling, Estate Trustee with a Will of the Estate of Pauline Rudling

Plaintiffs (Respondents)

And

Larrie Michael Rudling

Defendant (Appellant)

Counsel:

No one appearing for the appellant

Romeo D’Ambrosio, for the respondent

Heard and endorsed orally: April 22, 2009

On appeal from the judgment of Justice Patrick Moore of the Superior Court of Justice dated December 3, 2007.

APPEAL BOOK ENDORSEMENT

[1] Neither the appellant nor counsel for the appellant are present at 2:55 p.m. It appears that the appellant is aware of the hearing date based on the affidavit filed in support of the March 4, 2009 order removing counsel. However, the file contains no affidavit of service of the order on the client/appellant. The appeal is dismissed as abandoned with costs of the appeal payable by the appellant personally to the respondent fixed at $10,000.00 on a partial indemnity basis inclusive of G.S.T. and disbursements. The costs shall be a charge on the appellant’s portion of the estate. Copies of this order should be forwarded to counsel of record for the appellant and the appellant by ordinary mail.