Court File and Parties

CITATION: Zucchetti Rubinetteria S.P.A. v. Nataphil Inc., 2011 ONCA 726

DATE: 20111121

DOCKET: C53687

COURT OF APPEAL FOR ONTARIO

MacPherson, LaForme JJ.A. and Hackland J. (ad hoc)

BETWEEN

Zucchetti Rubinetteria S.P.A. Plaintiff/ Defendant by Counterclaim (Respondent)

and

Natphil Inc. Defendant/Plaintiff by Counterclaim (Appellant)

Counsel: Peter M. Daigle and Patricia L. McLean, for the appellant Ira Nishisato and Isabella Massimi, for the respondent

Heard and released orally: November 18, 2011

On appeal from the judgment of Justice Paul M. Perell of the Superior Court of Justice dated April 11, 2011.

ENDORSEMENT

[1] The appellant appeals from the judgment of Perell J. of the Superior Court of Justice dated April 11, 2011 granting summary judgment to the respondent for $429,372.15 for unpaid invoices over a 17-month period.

[2] The appellant contends that the motion judge erred by failing to find that the appellant’s claim for equitable set-off was closely related to the respondent’s claim for unpaid invoices, and by failing to order a stay of the execution of summary judgment pending the determination of the appellant’s counterclaim.

[3] We do not accept these submissions. On both issues, we agree with the motion judge’s analysis and conclusions. In particular, we do not think that there is any error in the motion judge’s discussion of the factors relevant to the set-off issue. Nor did the motion judge improperly collate the test for a stay with the test for a Mareva injunction.

[4] The appeal is dismissed with costs to the respondent fixed at $7250 inclusive of disbursements and HST.

“J.C. MacPherson J.A.”

“H.S. LaForme J.A.”

“Hackland J. (ad hoc)”