Alter v. Cstonos (Estate)
The appeal was dismissed for failure of the appellants to appear or prosecute the appeal; costs were fixed at $4,000 inclusive of disbursements and G.S.T.; the dismissal was expressly made without prejudice to the respondent's right to bring a motion before the trial judge for a writ of possession.
Source-derived case information.
- Citation
- C41822
- Parties
- Respondent: Bernice Alter; Appellant: The Estate of the Late Ellen Csontos; Appellant: Ted Csontos
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 March 2006
- Procedural Posture
- Civil / Court of Appeal Appeal From Superior Court of Justice Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Costs, Writ of Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bernice Alter
Respondent
The Estate of the Late Ellen Csontos
Appellant
Ted Csontos
Appellant
Procedural Posture
Civil / Court of Appeal Appeal From Superior Court of Justice Judgment
Legal Issues
- 1 Whether appeal should proceed where appellants did not appear
- 2 Entitlement and quantum of costs on dismissal
- 3 Whether dismissal should affect respondent's right to seek writ of possession before trial judge
Ratio Decidendi
The appeal was dismissed for failure of the appellants to appear or prosecute the appeal; costs were fixed at $4,000 inclusive of disbursements and G.S.T.; the dismissal was expressly made without prejudice to the respondent's right to bring a motion before the trial judge for a writ of possession.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs fixed at $4,000.00 inclusive of disbursements and G.S.T.
- Dismissal without prejudice to the respondent's right to bring a motion before Greer J. on notice to seek a writ of possession.
Full Case Text
Judgment text and source record
1 paragraphs
Alter v. Cstonos (Estate) Collection Decisions of the Court of Appeal Date 2006-03-07 Docket numbers C41822 Judges Laskin, John Ivan; Sharpe, Robert J.; LaForme, Harry Smith Subject Civil Decision Content DATE: 20060303 DOCKET: C41822 COURT OF APPEAL FOR ONTARIO RE: BERNICE ALTER (Respondent) –and- THE ESTATE OF THE LATE ELLEN CSONTOS AND TED CSONTOS (Appellants) BEFORE: LASKIN, SHARPE and LAFORME JJ.A. COUNSEL: No one appearing for the appellant Ben Salsberg for the respondent HEARD & ENDORSED: March 3, 2006 On appeal from the judgment of Justice Susan E. Greer of the Superior Court of Justice, dated April 19, 2004 made at Toronto, Ontario. APPEAL BOOK ENDORSEMENT [1] No one appeared for the appellant. [2] The appeal is therefore dismissed with costs fixed at $4,000.00 inclusive of disbursements and G.S.T. The dismissal of the appeal is without prejudice to the respondent’s right to bring a motion before Greer J. on notice to seek a writ of possession.