Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: Laskin, Feldman and MacPherson JJ.A.
BETWEEN
1463096 Ontario Inc.
Applicant (Respondent)
and
Robert Van Alphen and 1173928 Ontario Inc.
Respondents (Appellants)
COUNSEL: Michael Cassone, for the appellants Peter M. Callahan, for the respondent
HEARD: May 2, 2011
On appeal from the order dated August 20, 2010 and the costs order dated February 8, 2011 by Justice Peter B. Hockin of the Superior Court of Justice.
APPEAL BOOK ENDORSEMENT
1We see no basis to interfere with the order of Hockin J. As he said in his endorsement, if the appellants are to receive any offset or deduction of the rental arrears that must be done in the mortgage action. If necessary to fully adjudicate the issues, Mr. Van Alphen may need to be added as a party in that action.
2The appeal is dismissed, with costs fixed at $4,000, inclusive of disbursements and applicable taxes.