Court File and Parties

CITATION: DeMarco v. Nicoletti Estate, 2010 ONCA 823

DATE: 20101203

DOCKET: C52437

COURT OF APPEAL FOR ONTARIO

Goudge, Gillese and Lang JJ.A.

BETWEEN

Mark DeMarco

Plaintiff (Appellant)

and

The Estate of Joseph Nicoletti, and John Leigh Daboll

Defendants (Respondent)

Counsel: Mark DeMarco, acting in person Charles Sinclair, for the respondent

Heard: December 2, 2010

On appeal from the order of Justice David S. Crane of the Superior Court of Justice dated February 23, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant raises several arguments about the motion judge’s want of jurisdiction to hear the motion for summary jurisdiction. We would reject them. The pleadings were before the motions judge. Their absence from the motion record is of no moment. The appellant raised no challenge below concerning the style of cause and couldn’t do so for the first time here. With respect to the other issues we see no error in the way the motions judge dealt with them.

[2] The appeal is dismissed. Costs to the respondent fixed at $2500 plus disbursements and applicable taxes.