Pomata Investment Corp. c.o.b. Treasure Hill Homes v. Fuxiang Yang and Xiye Zhao, 2022 ONCA 468

Court File and Parties

Court of Appeal for Ontario Date: 20220614 Docket: C69953

Before: Tulloch, Lauwers and Paciocco JJ.A.

Between: Pomata Investment Corp. c.o.b. Treasure Hill Homes Plaintiff (Respondent)

And: Fuxiang Yang and Xiye Zhao Defendants (Appellants)

Counsel: No one appearing for the appellants Stephen Brunswick and Jennifer Lake, for the respondent

Heard and released orally: May 27, 2022

On appeal from the judgment of Justice James F. Diamond of the Superior Court of Justice, dated October 14, 2021.

Reasons for Decision

[1] This matter was scheduled for an appeal hearing today. At the commencement of the hearing, both counsel for the respondent were present and ready to proceed, however, neither the appellants nor any counsel for the appellants appeared to argue the appeal. At the request of the court, counsel for the respondent, as well as the court registrar made several attempts to contact the appellants and their counsel of record without any success.

[2] In light of the above, and submissions of counsel, the court is of the view that the appeal be dismissed as abandoned.

[3] Accordingly, this appeal is dismissed as abandoned.

[4] Costs are awarded to the respondent in the amount of $5,000 plus HST.

“M. Tulloch J.A.”

“P. Lauwers J.A.”

“David M. Paciocco J.A.”