Court of Appeal for Ontario

CITATION: Yau v. Magner, 2010 ONCA 121

DATE: 20100211

DOCKET: C50326

Goudge, Juriansz and Watt JJ.A.

BETWEEN:

Francis Yau and Teresa Yau

Plaintiffs (Respondents)

and

Elizabeth Ann Magner, John David Martin, Tung Chu Huang and Tzu Chun Huang

Defendants (Appellants)

Defendants (Respondents)

AND BETWEEN:

Elizabeth Ann Magner, John David Martin

Plaintiffs by Counterclaim (Appellants)

and

Francis Yau, Teresa Yau and Land Registrar of the Land Titles Division of Toronto (#80)

Defendants by Counterclaim (Respondents)

Counsel:

D. Martin, appellant appearing in person

Rod Byrnes, for the appellant Elizabeth Magner

P. Chang, for the respondents Francis Yau and Theresa Yau

Derrick Fulton, for the respondents Tung Chu Huang and Tzu Chun Huang

Heard: February 11, 2010

On appeal from the order of Justice Edward P. Belobaba of the Superior Court of Justice dated March 19, 2009.

APPEAL BOOK ENDORSEMENT

[1] We see no merit in the appeal. As is obvious on the face of the order of Lang J. it binds only the parties to that litigation. Appeal dismissed.

[2] Costs to the Yaus, fixed at $8000 inclusive of disbursements and GST, and to the Huangs, fixed at $5000 on the same basis, both payable by the appellants jointly and severally.