Court of Appeal for Ontario

Date: 2017-12-27 Docket: C62341

Justices: Doherty, Benotto and Huscroft JJ.A.

Parties

Between

York Condominium Corporation No. 366 Plaintiff/Respondent

and

Gladys Li Defendant

And Between

Howard Keith Juriansz, as Estate Trustee with a Will of the Estate of Gladys Li, deceased Applicant/Appellant

and

Elia Associates Professional Corporation Respondent/Respondent

Counsel

Ronald Lachmansingh and Tyler Murray, for the appellant

Antoni Casalinuovo, for the respondent

Hearing and Appeal

Heard: December 22, 2017

On appeal from: The order of Justice Mary E. Vallee of the Superior Court of Justice, dated June 3, 2016.

Appeal Book Endorsement

[1] The motion judge had to make several very fact-specific discretionary determinations. The factual matrix presented on the motions was unusual if not unique. Her decisions are entitled to deference. We see no basis upon which we should interfere with any of those decisions.

[2] To the extent that the leave to appeal is necessary we refuse leave, otherwise, the appeal is dismissed.

[3] Costs to the respondent in the amount of $10,000, inclusive of disbursements and the relevant taxes.