Court File and Parties
DIVISIONAL COURT FILE NO.: 60/14
SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT
RE: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff (Respondent)
AND:
ASSESSMENT DIRECT INC., YAN KRIVORUK, ALEX SMOLAR, ARTHUR BUDURYAN, and ROMAN VOLFSON, Defendants (Appellants)
BEFORE: MOLLOY, LINHARES DE SOUSA and WILTON-SIEGEL JJ.
COUNSEL: Richard H. Shekter, for the Appellants
Thomas J. Donnelly, for the Respondent
HEARD: October 27, 2015, in Toronto
Endorsement
1The Defendants appeal from the Order of Penny J. dated January 29, 2014, dismissing their motion to strike portions of the Statement of Claim asserting a claim in conspiracy.
2This appeal was heard together with Jevco Insurance Company v. Pacific Assessment Centre Inc., Div. Ct. File No. 183/14. This Court dismissed the Jevco appeal for Reasons reported at 2015 ONSC 7751.
3The same principles apply in this appeal for the same reasons. Accordingly, this appeal is dismissed. The parties agreed that costs of $10,000 to the successful party would be appropriate for both the leave motion and the appeal.
4Order to go accordingly.
MOLLOY J.
LINHARES DE SOUSA
WILTON-SIEGEL J.
Date: December 23, 2015