Court File and Parties

CITATION: State Farm v. Assessment Direct Inc., 2015 ONSC 7774

DIVISIONAL COURT FILE NO.: 60/14

DATE: 20151223

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

MOLLOY J.:

[1] The 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.

[2] This 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.

[3] The 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.

[4] Order to go accordingly.

MOLLOY J.

LINHARES DE SOUSA

WILTON-SIEGEL J.

Date: December 23, 2015