Virdo v. Virdo, 2013 ONSC 6235
DIVISIONAL COURT FILE NO.: 433/13
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
ONOFRIO VIRDO
Applicant
– and –
ANNA VIRDO, MADDALENA FALLICO and DOMENIC VIRDO
Respondents
Nathaniel Erskine-Smith, for the Applicant, Onofrio Virdo
Peter A. Grunwald, for the Respondent, Domenic Virdo
Melvyn L. Solmon, Agent for Anna Messina
HEARD at Toronto: October 4, 2013
PARDU J. (ORALLY)
1This motion for leave and for a stay is not properly before the court, as two elements of the order of Greer J. were final orders: Firstly, the order removing Anna Virdo as executor and Secondly, the order requiring her to vacate the home which is part of the estate.
2As time still remains to bring the appeal and stay motion in the appropriate court, there is no point in keeping this motion outstanding.
3Motion dismissed.
4Costs to each respondent fixed at $1,000 for Onofrio Virdo and $1,500 for Domenic Virdo, all in, inclusive of disbursements and HST. I have differentiated between the respondents because one counsel prepared a factum for this motion. Costs payable in 30 days.
PARDU J.
Date of Reasons for Judgment: October 4, 2013
Date of Release: October 7, 2013
CITATION: Virdo v. Virdo, 2013 ONSC 6235
DIVISIONAL COURT FILE NO.: 433/13
DATE: 20131004
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PARDU J.
BETWEEN:
ONOFRIO VIRDO
Applicant
– and –
ANNA VIRDO, MADDALENA FALLICO and DOMENIC VIRDO
Respondents
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: October 4, 2013
Date of Release: October 7, 2013