Court File and Parties

Citation: Main Air Systems Inc. v. Premier Fitness, 2011 ONCA 230

Date: 2011-03-24

Docket: C52790

Court of Appeal for Ontario

Before: Sharpe, Gillese and Karakatsanis JJ.A.

Between:

Main Air Systems Inc.

Plaintiffs (Respondents)

and

Premier Fitness, Premier Fitness Clubs Inc. and Cardillo Capital Corp. and John Cardillo Group of Companies, and John Cardillo and Sporting Ventures International Ltd. and Curzons Fitness Group Inc. and Regency Fitness Club

Defendants Appellants

Counsel:

Scott Turton, for the appellants

D. Seed and Brad Christakos, for the respondent

Heard & released orally: March 22, 2011

On appeal from the judgment of Justice Miller of the Superior Court of Justice dated September 7, 2010.

Endorsement

[1] In our view, the motion judge did not err in granting summary judgment in the total amount of $60,526.99. In addition to the deemed admissions, the respondent adduced evidence to support that amount as being outstanding and the appellant failed to advance any evidence capable of raising a triable issue on the matter.

[2] We see no error in awarding judgment against Cardillo Capital Corp. for $53,215.99 as the dishonoured cheque that admitted liability and induced the appellant to perform further work was drawn on that company, one of the corporate entities controlled and operated by John Cardillo, the individual behind Premier Fitness and the various other entities listed in the title of proceedings.

[3] Nor did the motion judge err in awarding summary judgment in the principal sum of $60,526.99 against Premier Fitness Clubs Inc.

[4] However, for the sake of clarity, the amounts recoverable on execution against the various corporate entities is limited to the total principal amount of $60,526.99, plus interest and costs, and execution against the various separate corporate entities is limited to the principal amounts that were requested by the respondent before the motion judge namely:

(1) against Premier Fitness $60,526.99;

(2) against Premier Fitness Clubs Inc. $60,526.99;

(3) against Cardillo Capital Corp. $53,215.29;

(4) against Regency Fitness Club & Racquet Club $8,477.13;

(5) against Sporting Ventures International Ltd. $8051.37; and

(6) against Curzons Fitness Group Inc. $2164.36

All amounts plus costs and interest at the rate awarded by the motion judge.

[5] For these reasons, the appeal is dismissed.

[6] We do not agree with the submission that there has been divided success on this appeal and we award the respondent cost in the amount requested namely, $13,687.52.

"Robert J. Sharpe J.A."

"E.E. Gillese J.A."

"Karakatsanis J.A."