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)
Gleb Bazov, for the Appellant (Moving Party)
James Morton, for the Respondent (Responding Party)
HEARD at Toronto: June 11, 2009
PARDU J.: (Orally)
[1] The 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.
[2] Order to issue extending time to perfect appeal to July 1, 2009. Order to go as asked in paragraph (2) of Notice of Motion.
[3] This order without prejudice to any argument that appeal in wrong court.
[4] This 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