Court of Appeal for Ontario

Date: 2024-10-10 Docket: COA-24-CV-0086

Before: Simmons, Gillese and Coroza JJ.A.

Between:

Giuseppe Macera, Kiersten Chamilliard, Parisino Anthony Macera, Julia Margaret Macera by her litigation guardian Giuseppe Macera, and Jasmine Macera by her litigation guardian Giuseppe Macera Plaintiffs (Appellants)

And

Niagara Regional Police Service, Regional Municipality of Niagara Police Services Board, Jeffrey McGuire as Chief of the Niagara Regional Police Service, Jeffrey Leavens, Michael Seguin, Colin Pepperall, Jay Alderson, Barry Ravenek, Neil White and Micheal Overweg Defendants (Respondents)

Counsel:

Giuseppe Macera, acting in person Mickey Cruickshank, for the respondents

Heard and Released Orally: October 9, 2024

On appeal from the order of Justice David L. Edwards of the Superior Court of Justice, dated November 20, 2023.

Reasons for Decision

[1] The appellants appeal from a November 20, 2023 order dismissing their action and awarding costs of $7,000 for the motion and the action against them.

[2] The dismissal order was premised on their failure to pay costs, and either appoint counsel or file a notice of intention to act in person after their lawyer obtained an order removing herself from the record.

[3] There is a dispute concerning whether the appellants filed the necessary notice of intention to act in person, and whether it may have been lost. What is not in dispute is that the appellants have not paid the $4,095 in costs awarded on February 2, 2023, payable within 30 days.

[4] The appeal is therefore dismissed.

[5] There will be no order as to costs.

"Janet Simmons J.A."

"E.E. Gillese J.A."

"S. Coroza J.A."