Court File and Parties

COURT FILE NO.: CV-19-013 (Orangeville) DATE: 2022 03 22

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

1947755 ONTARIO LTD. Plaintiff

- and -

Doug LaFramboise, DDH Law Firm, Michael Slattery and Skylark Holdings Limited Defendants

Counsel: Adam Jarvis, for the Plaintiff, 1947755 Ontario Ltd. Doug LaFramboise, for Defendants Adam Jarvis, as agent for Robert Bortolon

HEARD: June 22 and 23, 2021 by video-conference

Endorsement

(CONTEMPT MOTION AGAINST ROBERT BORTOLON) ( #4 in the First Set)

Emery J.

[1] This motion to find the non-party, Robert Bortolon in contempt is brought by the defendant, Doug Laframboise, on behalf of himself and the other defendants in this action. In the alternative, the defendants request an order to “expunge” the initial statement of claim issued to commence this action.

[2] The motion for contempt was heard in conjunction with the motion of Gaspare Caruso, a defendant in Court File No. CV-82-13, for summary judgment to dismiss that action (the “Caruso motion”). Both motions ask the court to determine who was in control of the plaintiff, 1947755 Ontario Ltd. (“194”) as of February 2017. Much of the evidence in the Caruso motion as to the incorporation and exercise of corporate governance for 194 is applicable to this motion.

[3] Because of the common issues and an overlapping record, I directed that the Caruso motion be heard together with this motion, or one after the other. Those directions were given in a series of Endorsements, including those dated July 14, 2020, March 15, 2021 and April 26, 2021.

[4] Hearing both motions in succession, I decided the motion for contempt or to expunge the earlier statement of claim in this action on the combined evidentiary record, but with regard to the respective submissions made on each matter. However, because of the common facts and parallel issues, I have released one set of reasons setting out my decision on each motion, contemporaneous with this Endorsement.

[5] In the Reasons for Decision released today in Court File No. CV-82-17, the motion of the defendants in this action seeking a finding that Robert Bortolon is in contempt of court is dismissed. Even though Robert Bortolon does not object to the alternative relief on that motion for an order to “expunge” the initial statement of claim, the motion is opposed by 194. For reasons given in the same Reasons for Decision, the motion to expunge is dismissed as well.

[6] Should any person or party on this motion seek costs, the following timetable shall apply:

i. The person or party claiming costs shall serve and file submissions by April 5, 2022;

ii. Any person or party responding to those submissions shall serve and file responding submissions by April 19, 2022;

iii. No submissions in reply are permitted, without leave; and

iv. Any submission shall be limited to two typewritten pages, not including any offer to settle or bill of costs.

[7] All submissions on costs may be filed by email to my judicial assistant at janet.gunness@ontario.ca

Emery J.

Released: March 22, 2022