KONDRATIEV v. ARCÁDIA PARTICIPAÇÕES LTD, 2022 ONSC 1310
COURT FILE NO.: CV-08-354560 DIVISIONAL COURT FILE NO.: 834/21 DATE: 20220722
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
ARCÁDIA PARTICIPAÇÕES LTDA. Plaintiff/Defendant to the Counterclaim (Respondent)
AND:
ALEXEY KONDRATIEV and SMART GAMES CANADA, INC., Defendants/Plaintiffs by Counterclaim (Appellants)
AND:
EUGENE CHAYEVSKY, ADENILTON CEZAR XAVIER, CADILLAC JACK, INC., FINSTAR FINANCIAL GROUP LLC and TILLEY INTERNATIONAL & ASSOCIATES INC., carrying on business as Tilley Entertainment, Defendants to the Counterclaim (Respondents)
COUNSEL: Alexey Kondratiev, self-represented, and with leave to represent Smart Games Canada, Inc., Defendants/Plaintiffs by Counterclaim (Appellants) Fahad Siddiqui, and Erika Anschuetz, for the Plaintiff/Defendant to the Counterclaim, Arcádia Participações Ltda., for the Defendants to the Counterclaim Eugene Chayevsky, Adenilton Cezar Xavier, Finstar Financial Group LLC, and Tilley International & Associates Inc., carrying on business as Tilley Entertainment (Respondents) R. Seumas M. Woods and Max Shapiro, for the Defendant to the Counterclaim Cadillac Jack, Inc. (Respondent)
HEARD at Toronto by videoconference: March 10, 2022
Justice J. Copeland
REASONS FOR DECISION.
Introduction
[1] The appellants appeal from the order of Associate Justice Josefo dated September 23, 2021, reported at 2021 ONSC 6277, dismissing their motion to vary a previous order and to extend time to set the action down for trial and set a schedule to for steps to proceed to trial, and dismissing the action for delay.
[2] The appeal is brought to the Divisional Court pursuant to s.19(1)(c) of the Courts of Justice Act, R.S.O. 1990, c. C.43 (“the CJA”), as an appeal from a final order of an associate judge. It is heard by a single judge of the court pursuant to [s. 21(2)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c