Court of Appeal for Ontario

Citation: Nemtsov v. Kasyanenko, 2009 ONCA 34

Date: 2009-01-15

Docket: C49068

Before: Laskin, Armstrong and Lang JJ.A.

Between:

Alim Nemtsov

Plaintiff (Appellant)

and

Sergei Kasyanenko, Mark Klebanov, Vadim Rashovan Odyssey Petroleum Inc., Karen Granofsky, Henry K. Hui

Defendants (Respondent)

Counsel:

Aleksei Grachev, for the appellant

No one appearing for the respondent

Heard: January 7, 2009

On appeal from the order of Justice Beth A. Allen of the Superior Court of Justice, dated May 28, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant seeks to reinstate his action only against the respondent Kasyanenko. The reasons of the motion judge deal entirely with Granofsky. She does not deal with the claims against Kasyanenko.

[2] In our view, however, the position of Kasyanenko and Granofsky differ in these important respects:

(1) Kasyanenko was served with the statement of claim (and yet has not appeared);

(2) Kasyanenko is the alleged debtor; and

(3) Reinstating the claim against Kasyanenko would not prejudice him.

[3] In the light of these differences, the appeal is allowed, the order of the motion judge shall be set aside in respect of Kasyanenko, and the action against him shall be reinstated.

[4] Kasyanenko shall have 45 days after service of this order to file a statement of defence.

[5] Our order does not preclude Kasyanenko from raising a limitation period defence.