Court File and Parties
Court of Appeal for Ontario
Before: JURIANSZ, WATT and EPSTEIN JJ.A.
Between:
ALLA STEPANOV and ALEXANDER STEPANOV Plaintiffs (Respondents)
and
SERGEY STEPHANOFF and STEPHENIE L. STEPHANOFF also known as STEPHENIE L. PARRAMORE and STEPHENIE L. HAND Defendants
Counsel: T. Pinos for Electromate Industrial Sales Ltd. and Piedeye Management Services Ltd. Ernst Ashurov for the respondents
Heard: June 26, 2008
On appeal from the order of Justice R. T. Boyko of the Superior Court of Justice dated January 2, 2008.
Appeal Book Endorsement
1Rule 37.07(1) requires service of the notice of motion on any party who will be affected by the order sought. The appellant, as the holder of a certificate of pending litigation on the property, was clearly affected by the order.
2Rule 37.14 allows a party affected by an order obtained without notice to move to set it aside. The motion judge should have set aside the judgment obtained without notice.
3The appeal is allowed. Costs fixed in the amount of $10,000 inclusive of disbursements and GST.