COURT OF APPEAL FOR ONTARIO
DATE: 20251211
DOCKET: COA-25-CV-0396
Simmons, Miller and Wilson JJ.A.
BETWEEN
Al Way, Kingsley Financial Inc. and Triumph Financial Holdings Inc.
Plaintiffs (Respondents)
and
Gordon Schembri, Schembri Financial Limited, 41 Columbia Inc., King & Columbia Inc., 69 Columbia St. Inc., 5 Rittenhouse Inc., The Block Inc., The Block I Inc. And The Block II Inc.
Respondents (Appellants)
Jordan Goldblatt, Emily Vaillancourt, and Catherine Allen for the appellants
Andrew Winton and Philip Underwood for the respondents
Heard and rendered orally: December 8, 2025
On appeal from the order of Justice Michael R. Gibson of the Superior Court of Justice, dated February 11, 2025, with reasons reported at 2025 ONSC 946.
REASONS FOR DECISION
[1] The motion judge gave thorough reasons for his order striking the appellants’ statement of defence in action CV-457-12 and dismissing their claim in action CV-42-11 for failure to comply with documentary disclosure obligations. His order is discretionary and entitled to significant deference from this court.
[2] We see no error which would justify appellate interference. In this regard, we note that the motion judge had been appointed under rule 37.15 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, to hear all motions in these matters and was therefore well-positioned to determine the relief that should be granted. Although the appellants may now have produced the necessary documents, in our view, this is too little, too late, and we are not persuaded it would have affected the motion judge’s decision.
[3] The appeal is therefore dismissed.
[4] Costs of the appeal are to the respondents on a partial indemnity scale fixed in the amount of $30,000 inclusive of disbursements and HST.
“Janet Simmons J.A.”
“B.W. Miller J.A.”
“D.A. Wilson J.A.”