Court File and Parties

Citation: 1446968 Ontario Inc. v. Brampton (City), 2011 ONCA 212 Date: 2011-03-17 Docket: C52565

Court of Appeal for Ontario Rosenberg, Moldaver and Feldman JJ.A.

Between: 1446968 Ontario Inc., Plaintiff/Appellant and City of Brampton, Defendant/Respondent

Counsel: Victor Sibilia, for the appellant Charles A. Painter, for the respondent

Heard and endorsed: March 15, 2011

On appeal from the judgment of Justice John Jennings of the Superior Court of Justice dated August 10, 2010.

Appeal Book Endorsement

[1] We need not decide whether Rule 63.01 applied because an order for security for costs is a payment for money because the appellant did not have a valid notice of appeal, his attempt to appeal the Master’s decision being 5 weeks out of time and no extension of time having been sought or granted. Jennings J. properly dismissed the action

[2] Accordingly, the appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and HST to be paid out of the money held in court. Also, the $750 costs ordered by Sharpe J.A. is to be paid out of the monies held in court.