COURT OF APPEAL FOR ONTARIO

CITATION: Remo Valente Real Estate (1990) Limited v. Portofino Riverside Tower Inc., 2012 ONCA 160

DATE: 20120315

DOCKET: C53256

Doherty, Goudge and Epstein JJ.A.

BETWEEN

Remo Valente Real Estate (1990) Limited

Plaintiff (Appellant)

and

Portofino Riverside Tower Inc., Westview Park Gardens (2004) Inc., Portofino Corporation and Dante J. Capaldi

Defendants (Respondents)

Gino Morga and Michelle D. Reynolds, for the appellant

William V. Sasso and Jacqueline A. Horvat, for the respondents

Heard: October 24, 2011

On appeal from the order of the Divisional Court (Hambly, Murray and Ray J.J.) dated February 24, 2010, with reasons by Hambly and Ray J.J. reported at 2010 ONSC 280, 68 B.L.R. (4th) 66.

ENDORSEMENT

[1] On December 14, 2011, this court dismissed the appellant’s appeal from the Divisional Court, save for the issue of breach of contract, which was ordered to be remitted for trial.

[2] In the order appealed from, the Divisional Court set aside the security that had been ordered by the trial judge.

[3] Pending appeal to this court Doherty J.A. required that this security remain in place pending the outcome of the appeal.

[4] This court has now received written submissions from the parties regarding whether, in light of this court’s decision, that security should remain in place pending the outcome of the trial of the contract issue.

[5] In our view, that is an issue properly to be decided by the trial court in which the breach of contract issue will be heard. We would therefore not alter our decision.

[6] Nonetheless, in our view it is in the interest of justice, assuming the security has remained in place following the decision of this court, that it remain in place for a further 60 days to permit the appellant to move for security in the trial court, if so advised.

“Doherty J.A.”

“S.T. Goudge J.A.”

“G.J. Epstein J.A.”