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.