Gertner v. Gold
The appeal was dismissed as abandoned because the appellant failed to appear at the scheduled hearing despite knowing he was to be present and not opposing counsel's application to remove him from the record; costs were fixed to the respondents.
Source-derived case information.
- Citation
- 2010 ONCA 132
- Parties
- Applicant: Stoyka Todorova Georgieva; Respondent: Phil Gold; Respondent: Renee Gold; Appellant: Henry Josef Gertner
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 February 2010
- Procedural Posture
- Civil Appeal / Court of Appeal Hearing/endorsement; Appellant Failed to Appear
- Outcome
- Appeal dismissed as abandoned
- Legal Topics
- Abandonment of Appeal, Costs, Failure to Appear, Removal From Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stoyka Todorova Georgieva
Applicant
Phil Gold
Respondent
Renee Gold
Respondent
Henry Josef Gertner
Appellant
Procedural Posture
Civil Appeal / Court of Appeal Hearing/endorsement; Appellant Failed to Appear
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned because the appellant failed to appear
- 2 Whether costs should be awarded to the respondents and the appropriate quantum
Ratio Decidendi
The appeal was dismissed as abandoned because the appellant failed to appear at the scheduled hearing despite knowing he was to be present and not opposing counsel's application to remove him from the record; costs were fixed to the respondents.
Court Disposition
Appeal dismissed as abandoned
Orders
- Appeal dismissed as abandoned.
- Costs to the respondents fixed at $1,500 inclusive of G.S.T. and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Gertner v. Gold Collection Decisions of the Court of Appeal Date 2010-02-19 Neutral citation 2010 ONCA 132 Docket numbers C50859 Judges Moldaver, Michael James; Cronk, Eleanore Ann; Armstrong, Robert Patrick Subject Civil Decision Content CITATION: Gertner v. Gold, 2010 ONCA 132 DATE: 20100219 DOCKET: C50859 COURT OF APPEAL FOR ONTARIO Moldaver, Cronk and Armstrong JJ.A. BETWEEN: Stoyka Todorova Georgieva Applicant And Phil Gold, Renee Gold and Henry Josef Gertner Respondents (Appellant) William S. O’Hara, for the appellant Henry Josef Gertner Jay Krieger, for the respondents Phil Gold and Renee Gold Heard and endorsed: February 17, 2010 On appeal from the order of Justice Moore of the Superior Court of Justice dated July 6, 2009. APPEAL BOOK ENDORSEMENT [1] The appellant has failed to appear. It is now 11:30 a.m. We are satisfied that the appellant knew that his counsel was going to be seeking an order that he be removed from the record and that he was not opposed. We are further satisfied that the appellant knew that he was to be present in court at 10:30 a.m. to argue this matter. In the circumstances, we would dismiss the appeal as abandoned. [2] Costs to the respondent fixed at $1,500 inclusive of G.S.T. and disbursements.