DIVISIONAL COURT FILE NO.: DC-07-0010-00ML
COURT FILE NO.: CV-05-009046-00
DATE: 20071030
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: FENFAM HOLDINGS INC. (Plaintiffs) v. SHIRLEY DOROTHY ELSIE NEUMAN & SHIRLEY ELSIE DOROTHY NEUMAN (Defendants)
BEFORE: O’CONNELL J.
COUNSEL: E. Nadler, for the Plaintiffs
G. Graham, for the Defendant
E N D O R S E M E N T
[1] Settlement conference held on October 25, 2007. Issues relate to mortgage action by the Plaintiff. There is an existing order setting aside the default judgment of Kruzick J. dated January 19, 2007, with a motion for leave to appeal to Divisional Court pending.
[2] From submissions made at the settlement conference and issues arising from the second mortgage of the Plaintiff, and the first mortgage of a Third Party on one of the parcels of land, it is apparent, unless the Plaintiff and Third Party will postpone their claims on their mortgages, i.e. second and first mortgages for a new first mortgage, that a consensus could not be reached.
[3] The result of the leave motion, pending, will direct the course of the future proceedings.
[4] Plaintiff’s motion for leave to appeal order of Kruzick J. can be scheduled for either November 26, 2007 or December 3, 2007. Parties must contact Vivian at the trial office to confirm which date is agreeable to both.
O’CONNELL J.
DATE: October 30, 2007
DIVISIONAL COURT FILE NO.: DC-07-0010-00ML
COURT FILE NO.: CV-05-009046-00
DATE: 20071030
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: FENFAM HOLDINGS INC. (Plaintiffs) v. SHIRLEY DOROTHY ELSIE NEUMAN & SHIRLEY ELSIE DOROTHY NEUMAN (Defendants)
BEFORE: O’CONNELL, J
COUNSEL: E. Nadler, for the Plaintiffs
G. Graham, for the Defendant
ENDORSEMENT
O’CONNELL J.
DATE: October 30, 2007