Court of Appeal for Ontario

Citation: 601039 Ontario Limited v. First Ontario Credit Union Limited, 2009 ONCA 527

Date: 2009-06-26

Docket: C50022

Before: O’Connor A.C.J.O., Laskin and Simmons JJ.A.

Between:

601039 Ontario Limited and 1083257 Ontario Limited

Appellants

and

First Ontario Credit Union Limited

Respondent

Counsel:

Glen Perinot, for the appellants

Christopher Stanek, for the respondent

Heard: June 26, 2009

On appeal from the judgment of Justice B.H. Matheson of the Superior Court of Justice dated January 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appeal is dismissed. The respondent concedes that there are no issues of res judicata or issue estoppel arising from the decision or reasons of the court below. We agree.

[2] The appellant is pursuing similar claims to those in this application in a separate action. There was no basis to continue both the application and the action. The judge below correctly dismissed the application. Costs to the respondent are fixed in the amount of $5,000, inclusive of disbursements and GST.