Court File and Parties

CITATION: 1463096 Ontario Inc. v. Van Alphen, 2011 ONCA 346

DATE: 20110503

DOCKET: C52705

COURT OF APPEAL FOR ONTARIO

BEFORE: Laskin, Feldman and MacPherson JJ.A.

BETWEEN

1463096 Ontario Inc.

Applicant (Respondent)

and

Robert Van Alphen and 1173928 Ontario Inc.

Respondents (Appellants)

COUNSEL: Michael Cassone, for the appellants Peter M. Callahan, for the respondent

HEARD: May 2, 2011

On appeal from the order dated August 20, 2010 and the costs order dated February 8, 2011 by Justice Peter B. Hockin of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] We see no basis to interfere with the order of Hockin J. As he said in his endorsement, if the appellants are to receive any offset or deduction of the rental arrears that must be done in the mortgage action. If necessary to fully adjudicate the issues, Mr. Van Alphen may need to be added as a party in that action.

[2] The appeal is dismissed, with costs fixed at $4,000, inclusive of disbursements and applicable taxes.