Court of Appeal for Ontario

Date: 2019-05-24 Docket: C66015

Panel: Doherty, Nordheimer and Harvison Young JJ.A.

Between

Greenwoods GRM LLP Applicant (Respondent in Appeal)

and

Datawind Inc. Respondent (Appellant)

Counsel

Katrina Marciniak, for the appellant

Chris West, for the respondent

Hearing

Heard: May 24, 2019

On appeal from: The judgment of Justice Penny of the Superior Court of Justice, dated September 12, 2018.

Appeal Book Endorsement

[1] Counsel for the appellant has been unable to get instructions from her client. She is unable to act and asks that she be removed from the record. Counsel for the respondent does not oppose the request, but submits that the appeal has no merit and should be dismissed. He resists any adjournment.

[2] The appellant is fully aware of today's scheduled hearing. It has chosen to discontinue any further communication with counsel. We see no reason why we should delay the disposition of this appeal.

[3] The appeal is dismissed as abandoned.

[4] The respondent is entitled to costs on a substantial indemnity basis, fixed at $16,480.00.