Court File and Parties

Citation: Stepanov v. Stephanoff, 2008 ONCA 527

Date: 20080627

Docket: C48292

Court of Appeal for Ontario

Before: JURIANSZ, WATT and EPSTEIN JJ.A.

Between:

ALLA STEPANOV and ALEXANDER STEPANOV Plaintiffs (Respondents)

and

SERGEY STEPHANOFF and STEPHENIE L. STEPHANOFF also known as STEPHENIE L. PARRAMORE and STEPHENIE L. HAND Defendants

Counsel: T. Pinos for Electromate Industrial Sales Ltd. and Piedeye Management Services Ltd. Ernst Ashurov for the respondents

Heard: June 26, 2008

On appeal from the order of Justice R. T. Boyko of the Superior Court of Justice dated January 2, 2008.

Appeal Book Endorsement

[1] Rule 37.07(1) requires service of the notice of motion on any party who will be affected by the order sought. The appellant, as the holder of a certificate of pending litigation on the property, was clearly affected by the order.

[2] Rule 37.14 allows a party affected by an order obtained without notice to move to set it aside. The motion judge should have set aside the judgment obtained without notice.

[3] The appeal is allowed. Costs fixed in the amount of $10,000 inclusive of disbursements and GST.