Background
- Parties: Appellant: Gaurav Tewari (self-represented). Respondents: Tony Aziz, Sherry Aziz, Amir Quality Meats, Amir Specialty Poultry (“Aziz respondents”); Martin Czenki, Mallot Creek (“Mallot Creek respondents”).
- Claims: Tewari issued a statement of claim on October 30, 2023, alleging wrongful dismissal and conspiracy.
- Motions: The respondents moved under Rule 21 of the Rules of Civil Procedure to strike the claim.
- Preliminary Ruling: Tewari’s motion to examine two witnesses before the motion to strike was dismissed by Justice Smith on April 2, 2024.
Appeal and Security for Costs Motion
- Tewari appealed the dismissal on April 29, 2024, despite it being interlocutory and not appealable.
- He perfected his appeal on August 29, 2024.
- The respondents filed responding materials and then jointly moved for security for costs on November 1, 2024.
- Tewari sought an adjournment due to a family emergency; the motion was rescheduled for the week of December 16, 2024.
- On December 5, 2024, Tewari abandoned the appeal.
Costs Awarded
- Under Rules 61.14(3) and (4), the respondents were entitled to costs.
- Court’s reasoning:
- Tewari’s appeal caused legal expenses for respondents.
- The timing of the security motion did not justify waiving costs.
- Tewari had substantial unpaid cost orders.
- Total costs awarded:
- Aziz respondents: $20,000 (appeal, security motion, cost submissions).
- Mallot Creek respondents: $15,000 (same expenses).
Conclusion
The Court of Appeal ordered Tewari to pay $35,000 in total costs, reinforcing the principle that an appellant bears cost consequences when abandoning an appeal.
