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2011-02-14 Plaintiff Unsuccessfully Pursues Motion to Dismiss the Appeal

MOTION TO DISMISS APPEAL

Text of the Plaintiff's Motion to Dismiss the Appeal

On Feb 14, 2011, Plaintiff's counsel filed a motion to dismiss the Appeal filed by Tajdin and Jiwa on Feb 7 in response to the Reasons for Judgment delivered on January 7, 2011.

Canadian Law provides for the right to Appeal for everyone.

Plaintiff's counsel claimed that this Appeal is premature and should be dismissed because the Judgment did not contain a final order.

REPLY

Text of the Defendants' Reply to the Motion to Dismiss the appeal

On Feb 24, 2011, the defendants replied that they were informed by the court clerks that the 30-day time limit started running from the time the Reasons for Judgment were served on them, and they did not want to lose their right to appeal by filing too late.

Had Mr. Gray drawn the relevant cases to the Appellant’s attention and sought ways of resolving the issue on consent, there would not have been the need to bring the motion to dismiss the appeal.

DECISION

Text of the order dismissing the motion to dismiss the appeal

On March 4 2011, a final Judgment with Order was rendered for the summary Judgment Motions.

On .March 14, 2011, the Motion to Dismiss the Appeal was itself dismissed. Because the order was finalized, the appeal was no longer premature and could no longer be dismissed.

AttachmentSize
20110214 - Plaintiffs Motion to Dismiss Tajdins Appeal Feb 14 11.pdf513.74 KB
20110228 - Responding motion to Plaintiff's Motion to dismiss the appeal.pdf308.66 KB
20110314 -A-59-11 Order Dismissing Plaintiffs Motion to Dismiss the Appeal.pdf51.62 KB

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