Court of Appeal for Ontario
CITATION: Carnevale v. Water Matrix Inc., 2016 ONCA 875
DATE: 20161118
DOCKET: C62093
Simmons, Pepall and Huscroft JJ.A.
BETWEEN
Anna Maria Carnevale, a.k.a Anna Carnevale-Cordeiro, a.k.a. Anna M. Cordeiro, a.k.a. Anna C. Ottorino, Stephen M. Cordeiro, a.k.a Steve Cordeiro, a.k.a. Stephen Cordeiro and Cordeiro Trucking Limited
Appellants (Defendants)
and
Water Matrix Inc.
Respondent (Plaintiff)
Domenic Saverino, for the appellants
Stewart D. Thom, for the respondent
Heard: November 14, 2016
On appeal from the order of Justice E.M. Morgan of the Superior Court of Justice, dated April 14, 2016.
APPEAL BOOK ENDORSEMENT
[1] We see no merit in the appellants’ appeal. The motion judge found that the appellants had never paid in full the $300,000 required as a condition of extending a 30 day grace period; that there was no evidence that a lender was actually prepared to advance the balance of the funds required under the settlement agreement within the stipulated time period; that it was reasonable for the respondent to refuse to sign the consent, as proffered, to lift the Mareva injunction; and that, overall, the respondent’s actions were not unreasonable.
[2] These findings are fully supported by the record. The proposed fresh evidence is not capable of undermining these findings; nor does it meet the other prongs of the fresh evidence test.
[3] The appeal is dismissed. Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $10,000 inclusive of disbursements and applicable taxes.