Court of Appeal for Ontario

CITATION: Verma v. Nagra, 2016 ONCA 527

DATE: 20160630

DOCKET: C58705

MacPherson, Simmons and Lauwers JJ.A.

BETWEEN

Sanjay Verma

Applicant

(Respondent in Appeal)

and

Sukhwinderjit Singh Nagra

Respondent

(Appellant)

and

Balwinderjit Nagra

Respondent

(Respondent in Appeal)

Counsel:

Hari Nesathurai and Glen M. Perinot, for the appellant Sukhwinderjit Singh Nagra

Joel E. Levitt, for the respondent Sanjay Verma

Heard and released orally: June 28, 2016

On appeal from the order of Justice Peter A. Daley of the Superior Court of Justice, dated March 20, 2014.

ENDORSEMENT

[1] The appellant Sukhwinderjit Singh Nagra appeals the order of Daley J. of the Superior Court of Justice dated March 20, 2014 dissolving the partnership between the appellant and the respondent Sanjay Verma, declaring that the appellant had no interest in a property at 7920 Mississauga Road, Brampton, ordering the appellant to pay $410,984.61 to the respondent for his contribution to a property at 2009 Steeles Ave. West, Brampton, and appointing the respondent as Receiver of all of the partnership property.

[2] In his factum at paragraph 1, the appellant states that he "appeals the order of Justice Daley, dated March 20, 2014, and where necessary the underlying orders of Justice Barnes, dated July 24, 2013 and September 10, 2013, respectively which gave rise to the undefended hearing taking place before Justice Daley."

[3] The problem with the appellant's position is that he has a long history of complete non-compliance with many court orders by several judges over a two year period. These orders were ignored, not appealed. Accordingly, the matter ended up, quite properly, on an uncontested basis before Daley J. on March 20, 2014. Having examined the previous court orders and read the transcript of the hearing conducted by Daley J., we can see no error in any component of his order. Indeed, it flowed naturally from the litany of non-compliance that preceded it.

[4] The appeal is dismissed. The respondent is entitled to his costs of the appeal fixed at $8,400, inclusive of disbursements and HST.

"J.C. MacPherson J.A."

"Janet Simmons J.A."

"P. Lauwers J.A."