Court of Appeal for Ontario

Citation: Hussain v. Ehrentreu, 2011 ONCA 453

Date: 20110614

Docket: C52840

Before: Feldman, Blair and LaForme JJ.A.

Between

Alamgir Hussain and Jesmin Ara

Appellant

and

Moshe Ehrentreu

Respondent

Counsel: Alamgir Hussain in person Moses Muyal, for the respondent

Heard and endorsed: June 10, 2011

On appeal from: the order of Justice Penny of the Superior Court of Justice dated October 21, 2010.

APPEAL BOOK ENDORSEMENT

[1] Following the endorsement of Penny J. of October 21, 2010, the formal judgment was amended in accordance with his reasons to reflect the corrected interest calculation on $136,200, but the principal shown of $140,000 was not corrected.

[2] We order that the correction be made in the formal order.

[3] There is no basis to interfere with the order made by Penny J. of no costs.

[4] Although the motion judge did not in his reasons deal with the appellant’s request for a stay of enforcement of the mortgage, the issue has been dealt with by two subsequent orders, one by a judge of this court, and one by a judge of the Superior Court.

[5] In the result, the appeal is allowed in part to correct the formal judgment. Otherwise it is dismissed.

[6] As success was divided, there will be no costs of the appeal