Court of Appeal for Ontario
Before: Watt, Lauwers and Benotto JJ.A.
Between
Liaison Educational Systems Ltd.
Applicant (Respondent)
and
894740 Ontario Inc., 1359849 Ontario Limited, Asim Bhatti, Asimco Culinary College Corp., Asimco Education Corp., and Jeffrey Wolfe
Respondents (Appellants)
Counsel:
Shane P. Murphy, for the appellants
James Cimba, for the respondent
Heard: March 21, 2014
On appeal from the order of Justice P. B. Hambly of the Superior Court of Justice, dated October 3, 2013.
APPEAL BOOK ENDORSEMENT
1In our view, the appellants presented a plausible explanation for the failure to file materials in Hamilton. Thus, the second branch of the Lenskis test was met.
2The appeal is allowed with the result that the injunction is set aside as well as the order of Hambly J.
3Costs to the appellants payable by the respondent in the amount of $18,000 inclusive of disbursements and all applicable taxes.