Court of Appeal for Ontario

Citation: 2007 ONCA 178 Date: 2007-03-15 Docket: C45662

Re: Warren Stroud and Russell Kronick, Trustees (Respondent on the Appeal) v. 132305 Canada Inc., Brigitte L. Turgeon, Jovalco Group Corporation and Gaetan Turgeon (Appellants on the Appeal)

Before: Doherty, Moldaver and Cronk JJ.A.

Counsel: Alfred Schorr for the appellant Jaye Hooper for the respondent

Heard & Endorsed: March 12, 2007

On appeal from the order of Justice Paul F. Lalonde of the Superior Court of Justice dated June 7, 2006.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the disposition made by the motion judge. The prolonged, largely unexplained delay in bringing the motion on for hearing, and the potential prejudice to the third party purchaser (who was not given notice of the appellants’ motion) fully justified the dismissal of the appellants’ motion.

[2] The appeal is dismissed with costs to the respondent fixed at $4,500.00 “all in”.