Correction Notice
Corrected Order: the text of the original order dated September 12, 2025 was corrected on September 15, 2025 and the description of the correction is appended.
Paragraph 2 has been added to provide that the applicant shall pay costs to the respondent in the amount of $5000.
Court File and Parties
DIVISIONAL COURT FILE NO.: 494/25 ML
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: 2431794 Ontario Inc. Operating as HKC Construction, Moving Party AND: Fluker Electrical-Mechanical Contractors Inc., Responding Party
BEFORE: Backhouse, Nakatsuru, and O’Brien JJ.
COUNSEL: Harp S. Khukh, for the Moving Party Christophe Shammas, for the Responding Party
HEARD: In-writing
Amended Endorsement
1The motion for leave to appeal the interim determination of Adjudicator Gerald Genge, J. dated May 14, 2025 is dismissed without prejudice to either party seeking leave to judicially review upon a final determination by the Adjudicator.
2The applicant shall pay costs to the respondent in the amount of $5000.
Backhouse J.
Nakatsuru J.
O’Brien J.
Released: September 12, 2025