COURT OF APPEAL FOR ONTARIO

CITATION: Cooper v. Book, 2020 ONCA 683

DATE: 20201026

DOCKET: C67597

Huscroft, Nordheimer and Harvison Young JJ.A.

BETWEEN

Charles F. Cooper

Plaintiff (Appellant)

and

Ira Edward Book

Defendant (Respondent)

W. Gerald Punnett, for the appellant

Michael Zalev and Rhea Kamin, for the respondent

Heard and released orally by videoconference: October 23, 2020

On appeal from the order of Justice Michael R. Gibson of the Superior Court of Justice, dated September 17, 2019.

REASONS FOR DECISION

[1] The appellant has not complied with two last-chance orders dated May 14 and August 6, 2019, concerning disclosure obligations and payment of outstanding costs. The August order included consent to dismissal of the appellant’s action with costs if he did not comply with that order.

[2] There is no dispute that the appellant has not complied. Nor does the appellant identify any errors that would allow this court to intervene: see Starland Contracting Inc. v. 1581518 Ontario Ltd., 2009 CanLII 30449 (ON SCDC).

[3] The appeal is dismissed. The respondent is entitled to costs in the agreed amount of $6,000 all inclusive, payable forthwith.

“Grant Huscroft J.A.”

“I.V.B. Nordheimer J.A.”

“A. Harvison Young J.A.”