Court File and Parties

CITATION: Gertner v. Gold, 2010 ONCA 132

DATE: 20100219

DOCKET: C50859

COURT OF APPEAL FOR ONTARIO

Moldaver, Cronk and Armstrong JJ.A.

BETWEEN:

Stoyka Todorova Georgieva

Applicant

And

Phil Gold, Renee Gold and Henry Josef Gertner

Respondents (Appellant)

William S. O’Hara, for the appellant Henry Josef Gertner

Jay Krieger, for the respondents Phil Gold and Renee Gold

Heard and endorsed: February 17, 2010

On appeal from the order of Justice Moore of the Superior Court of Justice dated July 6, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant has failed to appear. It is now 11:30 a.m. We are satisfied that the appellant knew that his counsel was going to be seeking an order that he be removed from the record and that he was not opposed. We are further satisfied that the appellant knew that he was to be present in court at 10:30 a.m. to argue this matter. In the circumstances, we would dismiss the appeal as abandoned.

[2] Costs to the respondent fixed at $1,500 inclusive of G.S.T. and disbursements.