ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
KULIDJIAN & ASSOCIATES
Appellant
(Moving Party)
- and -
GAREENE HOMES INC.
Respondent
(Responding Party)
Gleb Bazov, for the Appellant (Moving Party)
James Morton, for the Respondent (Responding Party)
HEARD at Toronto: June 11, 2009
PARDU J.: (Orally)
1The moving party meets the test expressed in Duca Community Credit Union Ltd. v. Giovannoli, [2001] O.J. No. 36 (C.A.):
(i) There was a firm intention to appeal immediately;
(ii) No prejudice to the respondents is demonstrated which cannot be compensated in interest or costs;
(iii) The appeal is not frivolous;
(iv) The delay is not long.
2Order to issue extending time to perfect appeal to July 1, 2009. Order to go as asked in paragraph (2) of Notice of Motion.
3This order without prejudice to any argument that appeal in wrong court.
4This motion was necessitated by fault of the moving party. Costs to the Respondent fixed at $400.00 payable in 30 days.
PARDU J.
Date of Reasons for Judgment: June 11, 2009
Date of Release: June 16, 2009
COURT FILE NO.: 56/09
DATE: 20090611
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
KULIDJIAN & ASSOCIATES
Appellant
(Moving Party)
- and -
GAREENE HOMES INC.
Respondent
(Responding Party)
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: June 11, 2009
Date of Release: June 16, 2009