Court of Appeal for Ontario

Citation: Perdic v. Sabota, 2007 ONCA 279

Date: 20070416

Docket: C45870

Before: WEILER, ROSENBERG AND SIMMONS JJ.A.

Between:

MIRKO PERDIC and NEDA PERDIC

Plaintiffs/Appellants

And

BOB SABOTA, 1238934 ONTARIO INC. c.o.b. SABOTA GENERAL CONSTRUCTION, CENTRECORP MANAGEMENT SERVICES LIMITED and IPFC PROPERTIES INC. formerly known as LOBLAW ASSOCIATED PROPERTIES, INC.

Defendants/Respondents

Counsel:

Robert A. Fernandes for the appellants

Luigi De Lisio for the respondents Bob Sabota, 1238934 Inc. and Daniel J. Fife for the respondent IPCF Properties Inc.

Heard and endorsed: April 11, 2007

On appeal from the order of Justice C. Stephen Glithero of the Superior Court of Justice dated July 20, 2006.

APPEAL BOOK ENDORSEMENT

[1] In our view, it was not appropriate for Centrecorp to proceed with its ex parte motion to strike the statement of claim and dismiss the action in the face of the appellants’ request for a 7-day extension to comply with the order to answer undertakings (because the alleged author of the report in issue was on vacation) and to be advised if Centrecorp was unwilling to grant the extension without responding to that request. However, the appellants have not complied with outstanding costs orders in favour of the respondents. In the circumstances, provided the appellants comply with the outstanding costs orders in favour of the respondents present today on or before May 8, 2007 the appeal will be allowed and the motion judge’s order will be set aside with respect to the respondents present today. In default of payment, the appeal is dismissed.

[2] Each party will bear their own costs of the appeal.