Court of Appeal for Ontario

Date: 2018-12-13 Docket: C65762

Judges: Rouleau, van Rensburg and Roberts JJ.A.

Between

John T. Papp Respondent (Applicant)

and

Catherine Papp, named Trustee and Beneficiary of the Estate of Margaret Papp and Elizabeth Papp Appellant (Respondents)

Counsel

M. El Rashidy, for the appellant

Owen Thomas, for the respondent

Heard

December 13, 2018

On Appeal

On appeal from the order of Justice T. Carey of the Superior Court of Justice, dated July 24, 2018.

Appeal Book Endorsement

[1] The respondent consents to the appeal. We agree. The order of Carey J. dated July 24, 2018 was made without jurisdiction. An order under rule 31.10 cannot be made without a proceeding having been undertaken in Ontario. The respondent undertakes not to enforce the order of Bondy J. dated July 17, 2018.

[2] The order of Carey J. is therefore set aside.

[3] As to costs, the respondent agrees that the appellant is entitled to costs of the appeal and of the proceedings below. For those, costs to the appellant fixed in the amount of $5,000 inclusive of disbursements and applicable taxes. This is in addition to the costs awarded by Trotter J.A. in the amount of $4,000 that have not been paid.