Court of Appeal for Ontario

Citation: Wadsworth v. RBC Dominion Securities Inc., 2009 ONCA 57

Date: 2009-01-20

Docket: C49066

Before: Winkler C.J.O., Moldaver and Blair JJ.A.

Between:

Brian Wadsworth

Appellant (Plaintiff)

and

RBC Dominion Securities Inc. and Matthew Varey

Respondent (Defendant)

Counsel:

Brian Wadsworth, in person

Catherine Powell, for the Respondent RBC Dominion Securities Inc.

Heard and released orally: January 13, 2009

On appeal from the order of Justice James Ramsay of the Superior Court of Justice, dated June 13, 2008, made at Kitchener, Ontario.

Appeal Book Endorsement

[1] The appeal against Ramsay J.’s order that the appellant was not obliged to pay the $7,500 costs order is dismissed. However, with the consent of the respondent, the appellant shall have until January 20, 2009 to pay the $7,500 costs order, failing which the action is dismissed.

[2] As to the appeal with respect to the affidavit of documents, the appeal is quashed without prejudice to whatever remedies the appellant may have under the Rules.

[3] Costs to the respondent fixed at $500 payable forthwith.