CITATION: Old Willoughby Realty Limited v. Mathews Southwest Developments Limited, 2010 ONCA 398
DATE: 20100602
DOCKET: C51176
COURT OF APPEAL FOR ONTARIO
Winkler C.J.O., Goudge and MacPherson JJ.A.
BETWEEN
Old Willoughby Realty Limited
Plaintiff (Appellant)
and
Mathews Southwest Developments Limited, MSW Dallas Limited, Bruce Bent, Tuckernuck Mortgage Administration Inc., In Trust, Martin Bernholtz, Pallet Valo LLP, Anne Kennedy, Reeves Land Corporation and 1683163 Ontario Inc.
Defendants (Respondents)
J. P. Giacomelli, for the Appellant
M. R. Kestenberg, for Pallet Valo LLP
D. Edmonds, for Tuckernuck Mortgage Administration Inc. and Martin Bernholtz
M. Shillington, for Reeves Land Corporation and 1683163 Ontario Inc.
E. Upenieks, for Matthews Southwest Developments Limited
Heard: June 1, 2010
On appeal from the judgment of the Honourable Justice Patrick J. Flynn of the Superior Court of Justice, dated September 25, 2009.
APPEAL BOOK ENDORSEMENT
[1] The appellant’s request for an adjournment is denied. The appellant has known for five months that he would need new counsel for the appeal. Moreover, Goudge J.A.’s order of February 17, 2010 made the appeal scheduled for today peremptory on the appellant.
[2] On the merits, we see no error in the judgment of Flynn J. dated September 25, 2009.
[3] The appeal is dismissed. The respondents are entitled to their costs of the appeal which we fix in the following amounts inclusive of disbursements and GST:
Pallet Valo and Anne Kennedy
- $5000
Mathews Southwest
- $5000
Reeves Land Corp
- $3000
Tuckernuck Mortgage
- $3000