Court of Appeal for Ontario

Citation: Choquette v. Choquette, 2014 ONCA 290

Date: 2014-04-15

Docket: C57689

Before: Juriansz, Epstein and Pepall JJ.A.

Between:

Nelson Choquette, William Choquette, Neil’s Auto Body and Sales Limited, 1585133 Ontario Limited and 998050 Ontario Inc.

Plaintiffs (Respondents)

and

Sharon Choquette, Anthony Pace also known as Tony Pace, Pace Mortgage Services Inc., Salvatore Fedele, ABC Towing & Storage Inc., 1830950 Ontario Inc., Beverly Pace also known as Beverly Dianne Powell, 1208187 Ontario Ltd., 1503483 Ontario Inc., 1529240 Ontario Corp., 1875664 Ontario Inc., Hughgo Investments Inc., Colin Bryan, Judith Hall, Lindsay Harrison and Giuseppe Baglieri also known as Joseph Baglieri

Defendants (Appellants)

Counsel:

Rick Simmons, for the appellants

Matthew Moloci and R. Brent Marshall, for the respondents

Heard: April 14, 2014

On appeal from the order of Justice Gisele M. Miller of the Superior Court of Justice, dated August 27, 2013.

APPEAL BOOK ENDORSEMENT

[1] The appellants do not take issue with the partial summary judgment granted, but argue the motion judge erred by refusing to stay the judgment until all the litigation between the parties was resolved. The refusal to stay the judgment was an exercise of the motion judge’s discretion. We are not persuaded there is any basis to interfere. The appeal is dismissed.

[2] Costs are fixed in the amount of $7,500 all inclusive.