Court of Appeal for Ontario

Date: 2021-07-23 Docket: M52634, M52157 & M52464 (C68580)

Judges: Doherty, Pepall and Trotter JJ.A.

Parties

BETWEEN:

Wiseau Studio, LLC and Tommy Wiseau d.b.a. Wiseau-Films Plaintiffs/Defendants by Counterclaim (Appellants)

and

Richard Harper, Fernando Forero McGrath, Martin Racicot d.b.a. Rockhaven Pictures, Room Full of Spoons Inc., Parktown Studios Inc. and Richard Stewart Towns Defendants/Plaintiffs by Counterclaim (Respondents)

Counsel

Appellants: No one appearing for the appellants Respondents: Matthew Diskin and Meredith Bacal

Heard: In writing

A motion by the respondents for an order dismissing the appeal.

Reasons for Decision

[1] On June 2, 2021, this panel affirmed that part of the order of Thorburn J.A., dated January 15, 2021, requiring the appellants to post security for costs of the trial and the appeal as a condition precedent to proceeding with the appeal. The security was to be posted by July 7, 2021. The order further provided that the respondents could move ex parte in writing before this panel for an order dismissing the appeal if the security was not posted by July 7, 2021. [^1]

[2] The appellants have commenced an application for leave to appeal to the Supreme Court of Canada from our order requiring security for costs. The appellants also sought a stay of the order requiring security for costs pending its application for leave to appeal to the Supreme Court of Canada. The stay was refused by Fairburn A.C.J.O. on July 7, 2021.

[3] This panel also received correspondence from counsel for the appellants on July 7, 2021, indicating the appellants could not comply with the security for costs order and seeking a stay of that order. The appellants were advised that any motion to stay or vary this court’s order had to be made on proper notice and in accordance with the applicable rules. As of July 19, 2021, no motion had been brought.

[4] The security for costs order has not been complied with by the appellants. We see no reason not to dismiss the appeal for want of compliance with that order. The appeal is dismissed.

[5] The respondents are entitled to the costs of this motion and any costs associated with the appeal. We fix those costs at $5,000, inclusive of disbursements and relevant taxes.

"Doherty J.A."

"S.E. Pepall J.A."

"Gary T. Trotter J.A."

Footnote

[^1]: The material filed by the respondents did not include a copy of the formal order made by this panel on June 2, 2021. If that order has not been taken out, the respondents should do so forthwith.