Reade v. 22 King Street West Inc.
The appeal was dismissed as abandoned because the appellant failed to appear or prosecute the appeal; the respondent was awarded costs of $500.
Source-derived case information.
- Citation
- C38664
- Parties
- Plaintiff: Colin M. Reade; Defendant: 22 King Street West Inc; Defendant: Masood Vatandoust; Defendant: Gordon Fallis; Plaintiff by Counterclaim/appellant: Gordon Fallis; Defendant to the Counterclaim/respondent: Colin M. Reade
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 March 2006
- Procedural Posture
- Civil Appeal / Court of Appeal Hearing; Appeal Dismissed as Abandoned
- Outcome
- Appeal dismissed as abandoned
- Legal Topics
- Abandoned Appeal, Bankruptcy of Respondent, Costs, Dismissal for Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Colin M. Reade
Plaintiff
22 King Street West Inc
Defendant
Masood Vatandoust
Defendant
Gordon Fallis
Defendant
Gordon Fallis
Plaintiff by Counterclaim/appellant
Colin M. Reade
Defendant to the Counterclaim/respondent
Procedural Posture
Civil Appeal / Court of Appeal Hearing; Appeal Dismissed as Abandoned
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned due to non‑prosecution by the appellant
- 2 What costs order, if any, should be made
Ratio Decidendi
The appeal was dismissed as abandoned because the appellant failed to appear or prosecute the appeal; the respondent was awarded costs of $500.
Court Disposition
Appeal dismissed as abandoned
Orders
- Appeal dismissed as abandoned.
- Costs to the respondent Reade fixed at $500.
Full Case Text
Judgment text and source record
1 paragraphs
Reade v. 22 King Street West Inc. Collection Decisions of the Court of Appeal Date 2006-03-29 Docket numbers C38664 Judges Sharpe, Robert J.; Armstrong, Robert Patrick; Blair, Robert Ashley Subject Civil Decision Content DATE: 20060329 DOCKET: C38664 COURT OF APPEAL FOR ONTARIO RE: COLIN M. READE (Plaintiff) - and – 22 KING STREET WEST INC, MASOOD VATANDOUST and GORDON FALLIS (Defendants) – and between – GORDON FALLIS (Plaintiff by Counterclaim/Appellant) – and – COLIN M. READE (Defendant to the Counterclaim/Respondent) BEFORE: SHARPE, ARMSTRONG and BLAIR JJ.A. COUNSEL: No one present for the appellant A. Palinka for Colin Reade HEARD & ENDORSED: March 24, 2006 On appeal from the order of Justice John E. Sheppard of the Superior Court of Justice dated July 16, 2002. APPEAL BOOK ENDORSEMENT [1] No one appeared for the appellant. The respondent Reade declared bankruptcy after these proceedings were commenced. Appeal dismissed as an abandoned appeal. Cost to the respondent Reade fixed at $500.