COURT FILE NO.: 441/05
DATE: 20051117
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
TIBOR MARTINEK
Plaintiffs
(Defendants by Counterclaim)
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
Defendants
(Plaintiff by Counterclaim)
In Person
Timothy M. Banks, for the Defendants
HEARD: November 17, 2005
LANE J.: (Orally)
[1] Motion by the plaintiff for an extension of time to apply for leave to appeal to the Divisional Court from the decision of Matlow J., dated March 2, 2004, refusing to grant an interlocutory injunction to prevent the Bank from reporting to credit reporting agencies that the plaintiff has a bad debt record.
[2] Since that order was made, the action in which the motion is brought, and in which this motion is brought, was settled and dismissed, pursuant to that settlement by Master Abrams on March 22, 2004. That being the case, there is no legal framework within which this motion can be brought. It is not necessary for me to address the issues canvassed during the plaintiff’s submissions as to the correctness of Matlow J.’s order or the potential importance of the issues to persons beyond the parties .
[3] The motion for leave is dismissed. As to costs, the Bank seeks costs. Its costs outline amounts to $3,400, but counsel has asked for $1,500. Mr. Martinek submits that had the Bank told him he could not succeed, he would have abandoned the motion. Therefore, the costs should be reduced. In the factum at para. 33, it is set out that the action has been dismissed. It appears Mr. Martinek did not appreciate the impact of that fact. In my view, counsel for the Bank has been very fair in asking $1,500 and that amount is not unfair to Mr. Martinek. I fix the Bank’s costs at $1,500, payable in 60 days.
LANE J.
Date of Reasons for Judgment: November 17, 2005 Date of Release: November 30, 2005
COURT FILE NO.: 441/05
DATE: 20051117
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
TIBOR MARTINEK
Plaintiffs
(Defendants by Counterclaim)
- and -
CANADIAN IMPERIAL BANK OF COMMERCE
Defendants
(Plaintiff by Counterclaim)
ORAL REASONS FOR JUDGMENT
LANE J.
Date of Reasons for Judgment: November 17, 2005 Date of Release: November 30, 2005