Court File and Parties

Citation: Shekhdar v. K&M Engineering and Consulting Corporation, 2009 ONCA 597 Date: 2009-07-29 Docket: M37354 (C49094)

Court of Appeal for Ontario Gillese, Lang and LaForme JJ.A.

Between:

Kersasp Shekhdar Plaintiff (Appellant)

and

K&M Engineering and Consulting Corporation, Freewills, Inc., Freewills.com (U.S.), Inc., William Kappaz, Regina Guerin, Freewills.com (Bermuda) Limited also known as Freewills.com (Bermuda) Ltd., Freewills.com (Canada) Inc. and 3693759 Canada Inc. Defendants (Respondents)

Counsel: Kersasp Shekhdar, in person Matthew Moloci and Michael Stanton, for the defendants (respondents)

Heard: July 29, 2009

Motion Record Endorsement

[1] The appellant moves to review the order of a single judge of this court sitting in chambers.

[2] The order under review, which was made by Blair J.A. on February 9, 2009, validated service of the Respondent’s Certificate, directed that all the evidence at trial was necessary for the hearing of the appeal and required the appellant to order the transcripts of the trial by March 15, 2009.

[3] The appellant’s primary argument is that he was not properly heard by the chambers judge. Even if there was any merit to this argument, it is apparent from a review of the record, particularly, the Notice of Appeal, that transcripts of all the evidence will be necessary for a full and fair hearing of the appeal. Accordingly, there is no basis on which to interfere with the order of Blair J.A.

[4] However, since the date originally set for the order of the transcripts has now passed, the appellant shall have until August 28, 2009 to order the transcripts and to pay the required deposit.

[5] Accordingly, the motion is dismissed except to extend the date regarding transcripts to August 28, 2009.

[6] We order costs of this motion to review to the respondents fixed in the amount of $1500, inclusive of disbursements and Goods and Services Tax, payable forthwith.

[7] This appeal is otherwise adjourned to status court on September 10, 2009 to determine the status of the appeal. Teleconference arrangements to be made if necessary.

[8] Today’s motion proceeded by conference call. The appellant agreed that a copy of this endorsement would be delivered to him by email.

“E.E. Gillese J.A.”

“S.E. Lang J.A.”

“H.S LaForme J.A.”