Cohen v. Cohen Estate
Because the appellant died and there was no order to continue the appeal, the Court dismissed the appeal without prejudice to the estate's right to take appropriate steps to revive the appeal.
Source-derived case information.
- Citation
- 2014 ONCA 505
- Parties
- Appellant: Leslie Charles Cohen; Respondent: Estate of Jack Cohen (Deceased); Non Party: Deborah Cohen; Non Party: Darlene Esther Cohen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 July 2014
- Procedural Posture
- Civil / Appeal — Court of Appeal Endorsement on Abatement Due to Appellant's Death
- Outcome
- Appeal dismissed without prejudice to the estate's right to revive the appeal.
- Legal Topics
- Abatement on Death, Order to Continue Appeal, Revival of Appeal, Procedural Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leslie Charles Cohen
Appellant
Estate of Jack Cohen (Deceased)
Respondent
Deborah Cohen
Non Party
Darlene Esther Cohen
Non Party
Procedural Posture
Civil / Appeal — Court of Appeal Endorsement on Abatement Due to Appellant's Death
Legal Issues
- 1 Effect of appellant's death on a pending appeal
- 2 Whether an order to continue the appeal had been obtained
- 3 Whether the estate may revive the appeal
Ratio Decidendi
Because the appellant died and there was no order to continue the appeal, the Court dismissed the appeal without prejudice to the estate's right to take appropriate steps to revive the appeal.
Court Disposition
Appeal dismissed without prejudice to the estate's right to revive the appeal.
Orders
- Appeal dismissed without prejudice to the estate's right to take appropriate steps to revive the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Cohen v. Cohen Estate Collection Decisions of the Court of Appeal Date 2014-07-02 Neutral citation 2014 ONCA 505 Docket numbers C57895 Judges Sharpe, Robert J.; Gillese, Eileen E.; Hourigan, C. William Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Cohen v. Cohen Estate, 2014 ONCA 505 DATE: 20140627 DOCKET: C57895 Sharpe, Gillese and Hourigan JJ.A. BETWEEN Leslie Charles Cohen Appellant and Estate of Jack Cohen (Deceased) Respondent Leslie Charles Cohen, (deceased) James C. Davies, for the respondent Ivor Levstein, for the non-party Deborah Cohen Stephen Ritchie for the non-party Darlene Esther Cohen Considered on June 20, 2014 On appeal from the judgment of Justice S. Greer of the Superior Court of Justice dated October 15, 2013. APPEAL BOOK ENDORSEMENT [1] The appellant has died and there is no order to continue. Appeal dismissed without prejudice to the estate’s right to take appropriate steps to revive the appeal.