COURT OF APPEAL FOR ONTARIO
Doherty, Goudge and Epstein JJ.A.
BETWEEN
Remo Valente Real Estate (1990) Limited
Plaintiff (Appellant)
and
Portofino Riverside Tower Inc., Westview Park Gardens (2004) Inc., Portofino Corporation and Dante J. Capaldi
Defendants (Respondents)
Gino Morga and Michelle D. Reynolds, for the appellant
William V. Sasso and Jacqueline A. Horvat, for the respondents
Heard: October 24, 2011
On appeal from the order of the Divisional Court (Hambly, Murray and Ray J.J.) dated February 24, 2010, with reasons by Hambly and Ray J.J. reported at 2010 ONSC 280, 68 B.L.R. (4th) 66.
ENDORSEMENT
1On December 14, 2011, this court dismissed the appellant’s appeal from the Divisional Court, save for the issue of breach of contract, which was ordered to be remitted for trial.
2In the order appealed from, the Divisional Court set aside the security that had been ordered by the trial judge.
3Pending appeal to this court Doherty J.A. required that this security remain in place pending the outcome of the appeal.
4This court has now received written submissions from the parties regarding whether, in light of this court’s decision, that security should remain in place pending the outcome of the trial of the contract issue.
5In our view, that is an issue properly to be decided by the trial court in which the breach of contract issue will be heard. We would therefore not alter our decision.
6Nonetheless, in our view it is in the interest of justice, assuming the security has remained in place following the decision of this court, that it remain in place for a further 60 days to permit the appellant to move for security in the trial court, if so advised.
“Doherty J.A.”
“S.T. Goudge J.A.”
“G.J. Epstein J.A.”