COURT OF APPEAL FOR ONTARIO

CITATION: Ghaeinizadeh v. Ku De Ta Capital Inc., 2012 ONCA 242

DATE: 20120417

DOCKET: C54494

Rosenberg, Gillese and Hoy JJ.A.

BETWEEN

Armon Ghaeinizadeh, by his litigation guardian Bahieh Sharifi, Payam Ghaeinizadeh, Azeta Ghaeinizadeh, Manouchehr Ghaeinizadeh, Ilinaz Naeli, Ila Naeli, Jaclyn Orsetto, Bahieh Sharifi, Arash Sharifi, Masoumeh Abbasian, Mehran Yazdani, Lerpon Paul Greenspoon, Armonico Corp. A+nd 6740197 Canada Corp., operating as Dux Holdings

Applicants (Appellants)

and

Ku De Ta Capital Inc.

Respondents

Counsel:

John J. Addair, for the appellants

No on appearing for the respondents

Heard: April 16, 2012

On appeal from the order of Justice Ted Matlow of the Superior Court of Justice, dated October 6, 2011.

APPEAL BOOK ENDORSEMENT

[1] It is not entirely clear from the reasons why Matlow J. refused to make the order nunc pro tunc. It appears that the application judge may have treated failure to obtain leave as a nullity, when it is merely an irregularity. We see no basis on this record for refusing to grant the order nun pro tunc.

[2] Accordingly, the appeal is allowed and the order below varied and is granted nunc pro tunc in accordance with para. 48 of the appellant’s factum.