CITATION: Harrison v. Kvartyrmeister, 2011 ONCA 746
DATE: 20111125
DOCKET: C53490
COURT OF APPEAL FOR ONTARIO
Doherty, Rosenberg and Juriansz JJ.A.
BETWEEN
Graham Kenneth Harrison
Applicant (Respondent on Appeal)
and
Yurii Kvartyrmeister also known as Yuri Kvartyrmeister, Olga Smrek and Harvey Kalles Real Estate Ltd.
Respondents (Appellants on Appeal)
Y. Gavris, appearing as agent for the respondents (appellants on appeal)
James F. Diamond, for the applicant (respondent on appeal)
Heard: November 24, 2011
On appeal from the judgment of Justice Pollak of the Superior Court of Justice on dated March 8, 2011.
APPEAL BOOK ENDORSEMENT
[1] We will not allow Mr. Gavris to make representations for the appellants for the following reasons:
a panel of this court has already held that he cannot do so (see endorsement of Blair J.A., supra), and we see no reason to revisit that decision; and
he was a witness in the proceeding.
[2] In our view, the merits of this matter should be addressed without any further delay. We have considered the arguments advanced on behalf of the appellants in the factum of their former counsel and we have reviewed the reasons of the application judge. We see no merit to the appeal.
[3] The appeal is dismissed. Costs to the respondent in the amount of $8,000, inclusive of disbursements and HST.