Court File and Parties

Court of Appeal for Ontario Date: 20220111 Docket: M52839 (C68308)

Lauwers, Paciocco and Thorburn JJ.A.

Between:

Alexander Davidoff and Alexandra Davidoff Plaintiffs (Appellants/Moving Parties)

And:

Paderewski Society Home (Niagara), Rachel Goerz, and Niagara Regional Housing (NRH) Defendants (Respondents/Responding Parties)

Counsel: Alexander Davidoff and Alexandra Davidoff, acting in person Kristen Bailey, for the responding party Paderewski Society Home (Niagara) Michael Kestenberg, for the responding party Rachel Goerz Scott Crocco, for the responding party Niagara Regional Housing (NRH)

Heard and released orally: December 8, 2021

Reasons for Decision

[1] Alexander Davidoff and Alexandra Davidoff seek to set aside the August 19, 2021 order of Associate Chief Justice Fairburn which dismissed their motion seeking to stay the enforcement of certain costs orders in proceedings below.

[2] Associate Chief Justice Fairburn refused the stay. The Supreme Court of Canada dismissed the application for leave to appeal with costs on November 25, 2021 which renders this appeal moot.

[3] The appeal is therefore dismissed as moot.

[4] Costs are fixed in the amount of $1,000, in favour of Mr. Kestenberg’s client and $200, in favour of the Paderewski Society Home for today’s proceeding.

"P. Lauwers J.A."

"David M. Paciocco J.A."

"J.A. Thorburn J.A."