DIVISIONAL COURT FILE NO.: 228/13
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. MARROCCO, PARDU AND SACHS JJ.
BETWEEN:
MDAM MANAGEMENT LTD. and FABRIZIO LUCCHESE
Plaintiffs
(Appellants)
– and –
GEORGE BABIOLAKIS, ANNETTE BABIOLAKIS, HAROLD HINN, KONSTANTIN KASTIAS, WWWRE PARTNERS INC., 2230002 ONTARIO INC., RESOURCEFUL CONTACTS INC., TAG WAREHOUSE SOLUTIONS INC., JOHN ADAM GUERAN, DON EDWARD GUERAN, SHAUN DOWD and EMILIO PARASTI
Defendants
(Respondents)
Kevin W. Fisher, for the Plaintiff (Appellants)
No One Appearing
HEARD at Toronto: October 3, 2013
PARDU J. (ORALLY)
1The facts put forward by the plaintiffs entitled it to the relief claimed. The defendants did not contest those facts, assert any defence or oppose the motion for summary judgment.
2In these circumstances, there was no genuine issue requiring a trial. Summary judgment to issue as asked in paragraph 63(b) of the appellant’s factum.
3We have reviewed the Bill of Costs submitted by the appellant and we award costs as follows. For the unopposed summary judgment motion, costs are fixed at $5,000 plus disbursements of $291.98. For the motion for leave, costs are fixed at $3,000 plus disbursements of $389.44. For the appeal, costs are fixed at $3,000 plus disbursements of $584.84, plus HST in each case if applicable.
A.C.J.S.C. MARROCCO
PARDU J.
SACHS J.
Date of Reasons for Judgment: October 3, 2013
Date of Release: October 7, 2013
CITATION: MDAM Management Ltd. v. Babiolakis, 2013 ONSC 6205
DIVISIONAL COURT FILE NO.: 228/13
DATE: 20131003
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. MARROCCO, PARDU AND SACHS JJ.
BETWEEN:
MDAM MANAGEMENT LTD. and FABRIZIO LUCCHESE
Plaintiffs
(Appellants)
– and –
GEORGE BABIOLAKIS, ANNETTE BABIOLAKIS, HAROLD HINN, KONSTANTIN KASTIAS, WWWRE PARTNERS INC., 2230002 ONTARIO INC., RESOURCEFUL CONTACTS INC., TAG WAREHOUSE SOLUTIONS INC., JOHN ADAM GUERAN, DON EDWARD GUERAN, SHAUN DOWD and EMILIO PARASTI
Defendants
(Respondents)
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: October 3, 2013
Date of Release: October 7, 2013