Court File and Parties

CITATION: Dietrich v. Tiernan, 2011 ONCA 421

DATE: 20110601

DOCKET: C52537

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Simmons and Juriansz JJ.A.

BETWEEN

Edgar J. Dietrich

Appellant

and

Peter K. Tiernan, M.D.

Respondent

Counsel: Edgar Dietrich, in person, by telephone Robert G. Scheifele, for the respondent

Heard and endorsed: May 31, 2011

On appeal from the order of Justice John C. Murray of the Superior Court of Justice dated July 30, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s appeal of the Michigan judgment was dismissed on March 31, 2010 and his application for leave to appeal to the Supreme Court of the State of Michigan was denied on April 8, 2011. In these circumstances, the appeal referred to in para. 2 of the order of O'Connell J. dated November 16, 2007 has now been finally resolved. We do not read para. 2 of such order as contemplating any present or future collateral attacks on the |Michigan judgment. Accordingly, the stay of enforcement of the Michigan judgment also referred to in para. 2 of the order can now properly be lifted.

[2] The appeal is therefore dismissed. Nothing in this endorsement should be construed as addressing the question of ownership of the Kincardine property.

[3] Costs of the appeal are to the respondent on a partial indemnity basis fixed in the amount of $5,000 inclusive of disbursements and applicable taxes.