CITATION: Merghani v. Merghani, 2009 ONCA 578
DATE: 20070721
DOCKET: M37720 (C49676)
COURT OF APPEAL FOR ONTARIO
Feldman, Juriansz and Epstein JJ.A.
BETWEEN:
Merghani Yousif Merghani
Respondent (Appellant in this Appeal)
And
Zinab Merghani
Applicant (Respondent in this Appeal)
Grace Suwondo, for the applicant Zinab Merghani
Merghani Yousif Merghani, in person
Heard and released orally: July 17, 2009
ENDORSEMENT
[1] On November 25, 2008, the appellant, Mr. Merghani, appealed the order of Horkins J. dated November 4, 2008, ordering him to sell his taxi licence and equipment and to remit the proceeds to his wife to satisfy the equalization payment. Two days later he filed for bankruptcy.
[2] The respondent moves for an order dismissing the appeal on the basis that the appellant, having filed for bankruptcy, no longer has an interest in the property that is the subject of the order of Horkins J.
[3] Under Rule 61.13.1 of the Rules of Civil Procedure, the appeal may be dismissed for delay if no order to continue is obtained within a reasonable time after transmission of the appellant’s interest on bankruptcy. The trustee has advised by letter that he will not be pursuing the appeal. The appellant has not obtained an order to continue within a reasonable time.
[4] There would be no point in the appellant’s obtaining an order to continue this appeal in the circumstances of this case. Because the taxi licence and equipment are now part of the bankrupt estate, the trustee must deal with it in the bankruptcy. Therefore, either way, these assets cannot be retained by the appellant.
[5] The motion is granted and the appeal is dismissed, with costs fixed at $750. Approval of the form of the order is dispensed with.
Signed: “K. Feldman J.A.”
“R.G. Russell J.A.”
“G. J. Epstein J.A.”