Court of Appeal for Ontario

CITATION: CIBC Mortgages Inc. v. Mostafavi, 2011 ONCA 351

DATE: 20110505

DOCKET: C52575

BEFORE: Rosenberg, Simmons and Blair JJ.A.

BETWEEN

CIBC Mortgages Inc.

Plaintiff (Respondent in Appeal)

and

Sayed Shahram Mostafavi and Ghasem Gil

Defendants (Appellant in Appeal)

and

Ghasem Gil

Plaintiff by Counterclaim

and

CIBC Mortgages Inc. and Jacob O. Edeniyere

Defendants by Counterclaim

COUNSEL:

John W. Chidley-Hill, for the appellant Ghasem Gil

No one appearing for the respondent

HEARD AND ENDORSED: May 4, 2011

On appeal from the order of Justice Michael Quigley of the Superior court of Justice dated July 28, 2010.

APPEAL BOOK ENDORSEMENT

[1] On consent, the appeal is allowed and the order of Quigley J. is set aside. There will be no costs of the appeal.