Elguindy v. Elguindy
The proffered fresh evidence was not in a form that the Court could consider; therefore the December 5, 2018 judgment of Turnbull J. must be enforced and the appeal dismissed.
Source-derived case information.
- Citation
- 2019 ONCA 488
- Parties
- Appellant: Emad Elguindy; Appellant: Irene Elguindy; Respondent: Afrodite Elguindy; Respondent: Aziz Elguindy
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 June 2019
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Fresh Evidence, Enforcement of Judgment, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emad Elguindy
Appellant
Irene Elguindy
Appellant
Afrodite Elguindy
Respondent
Aziz Elguindy
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Judgment
Legal Issues
- 1 Whether the Orchard fresh evidence tendered by the appellants was admissible in form for consideration
- 2 Whether the lower court judgment should be enforced given inadmissible fresh evidence
Ratio Decidendi
The proffered fresh evidence was not in a form that the Court could consider; therefore the December 5, 2018 judgment of Turnbull J. must be enforced and the appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- The December 5, 2018 judgment of Turnbull J. is enforced according to its terms
- The appeal is dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Elguindy v. Elguindy Collection Decisions of the Court of Appeal Date 2019-06-14 Neutral citation 2019 ONCA 488 Docket numbers C66297 Judges MacPherson, James C.; Tulloch, Michael H.; Harvison Young, Alison Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Elguindy v. Elguindy, 2019 ONCA 488 DATE: 20190612 DOCKET: C66297 MacPherson, Tulloch and Harvison Young JJ.A. BETWEEN Emad Elguindy and Irene Elguindy Plaintiffs (Appellants) and Afrodite Elguindy and Aziz Elguindy Defendants (Respondents) Emad Elguindy, in person Irene Elguindy, in person No one appearing for the respondents Heard: June 12, 2019 On appeal from the judgment of Justice James R.H. Turnbull of the Superior Court of Justice, dated December 5, 2018. APPEAL BOOK ENDORSEMENT [1] The Orchard fresh evidence that the appellant seeks to introduce is not in a form that we can consider. As a result, the December 5, 2018 judgment of Turnbull J. should be enforced according to its terms. [2] The appeal is dismissed.