Court of Appeal for Ontario

Citation: Teplitsky Colson LLP v. Malamas, 2014 ONCA 308

Date: 20140417

Docket: M43356 (C55730)

Before: Laskin, Rosenberg and Lauwers JJ.A.

Between

Teplitsky Colson LLP, Gary Caplan, 2004782 Ontario Limited, 717 Pape Inc., Peter L. Biro, CGD Management Limited, Crerar Property Corp., Danforth Properties Limited, George Fouldis, Goodman and Carr, Jonathan Lisus, Mccarthy Tetrault LLP, The Mutual Trust Company (now known as the Clarica Trust Company), Raymond Raphael, Raymond Raphael Professional Corporation, Stewart J.L Robertson, Nicholas Stanoulis, Donna Stanoulis, Christina Stanoulis, Gary Stanoulis, Thomas Stanoulis, Thomas M.T. Sutton, Chris Tatsis, Panagiota Tatsis, Tonu Toome, Toome Laar & Bell, City of Toronto

Applicants/Respondents/Respondents

and

William Malamas, also known as Vasilios Malamas, Apollco Developments Ltd., Apollo Real Estate Limited, Apollco Properties Limited, Apollco Construction Ltd., Apollo Ltd., Pallas Properties Inc.

Respondents/Appellants/Moving Parties

Counsel:

William Malamas, appearing in person and on behalf of Apollo Real Estate Limited, Apollco Properties Limited, Apollco Developments Ltd., Apollco Construction Ltd. and Pallas Properties Inc.

William O’Hara, for the respondents Teplitsky Colson LLP and Gary Caplan

Ray Tahpar, for respondents Crerar Property Corp., Danforth Properties Limited, Stewart J.L Robertson, Clarica Trust Company, 2004782 Ontario Limited and CDG Management Ltd.

Constantine Alexiou, for the respondents Chris Tatsis and Panagiota Tatsis

Sean Dewart, for the respondents McCarthy Tetrault, Raymond Raphael Professional Corporation, Peter L. Biro, Goodman and Carr, Tonu Toome, Toome Laar & Bell and Jonathan Lisus

Andrew Stikuts, for the respondent City of Toronto

Lawrence F. Wallach, for the respondents Nicholas Stanoulis, Donna Stanoulis, Christina Sanoulis, Gary Stanoulis and Thomas Stanoulis

Nicholas Stanoulis, for the respondent 717 Pape Inc.

Heard: In writing

Endorsement

On motion pursuant to Rule 59.06 to set aside the order of this court dated June 17, 2013, on the appeal from the judgment of Justice Frank J. C. Newbould of the Superior Court of Justice dated August 13, 2012.

By the Court:

[1] Mr. Malamas brings a motion to vary, amend or set aside the order of this court dated June 17, 2013, and for other relief. We have reviewed his material. His motion has no merit. Accordingly, we decline to grant Mr. Malamas an oral hearing. And we do not require any response from the responding parties. The motion is dismissed.

[2] We also make the following orders:

• Mr. Malamas may not file any further documents in connection with this appeal;

• Mr. Malamas may not communicate or make further inquiries pertaining to this appeal to the staff of this court;

• This order may be taken out by the responding parties. Mr. Malamas’ approval of the form and content of this order or of any orders in connection with this motion and his appeal are not required.

Released: April 17, 2014 (“J.L.”)

“John Laskin J.A.”

“M. Rosenberg J.A.”

“P. Lauwers J.A.”