Case Background:

• Shashank Garg appealed a May 9, 2023, decision dismissing his claim for $50,000 in damages against the Condominium Corporation.
• The appeal was filed within the deadline under the Court of Justice Act but did not include the required transcript of evidence from the trial, only the reasons for judgment.

Key Issues:

1. Whether the reasons for judgment can substitute for the transcript of trial evidence.
2. Whether the court has discretion not to dismiss the appeal for failure to comply with filing requirements under the Court of Justice Act.

Court's Findings:

• The reasons for judgment are not equivalent to the transcript of evidence. The law requires a full transcript for the appeal.
• The failure to submit the complete transcript led to non-compliance with section 46 of the Court of Justice Act.
• The court must dismiss the appeal for this failure under section 48, with no discretion to extend deadlines.

Costs:

• The court awarded $340 in costs to the Respondent based on several factors, including the dismissal of the appeal for non-compliance.

Outcome:

• The appeal was dismissed for procedural non-compliance.