Virdo v. Virdo, 2013 ONSC 6235
CITATION: Virdo v. Virdo, 2013 ONSC 6235
DIVISIONAL COURT FILE NO.: 433/13
DATE: 20131004
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)
[1] This 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.
[2] As time still remains to bring the appeal and stay motion in the appropriate court, there is no point in keeping this motion outstanding.
[3] Motion dismissed.
[4] Costs 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