Court File and Parties

CITATION: Canadian Tire Corporation, Limited v. Eaton Equipment Ltd., 2021 ONSC 2557

DIVISIONAL COURT FILE NO.: DC 006/21

DATE: 20210423

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: CANADIAN TIRE CORPORATION, LIMITED, Plaintiff (Responding Party)

AND:

EATON EQUIPMENT LTD., SCOTT MILBURN a.k.a. SCOTT EATON, SERVANTAGE DIXIE SALES CANADA INC., CARLEIGH MILBURN, INTELLECTUAL INVENTIVE INC., CITRUS GROVE MORTGAGE CO. LTD., and TAMMY DIANE ROBERTSON, Defendants (Moving Parties)

BEFORE: Swinton, Lederer and Kristjanson JJ.

COUNSEL: Colin Pendrith and Jessica L. Kuredjian, for the Plaintiff (Responding Party)

Daniel Ciarabellini, for the Defendants (Moving Parties)

HEARD: in writing

AMENDED ENDORSEMENT

[1] This endorsement replaces an endorsement released to the parties on April 19, 2021 for the reasons set out below.

[2] From a note authored by Scott Milburn in Caselines and a costs outline he provided, it appeared that Mr. Milburn was the Moving Party in this motion for leave to appeal, and he was self-represented. However, it turns out that a Notice of Change of Lawyer had been filed with the Divisional Court by email on April 6, 2021. The Notice was never brought to the attention of the panel hearing the motion, because it was not uploaded to Caselines by counsel, as directed by Favreau J. in an endorsement following a case conference in early April.

[3] The leave endorsement has accordingly been amended to reflect that the Moving Parties did have counsel for the motion.

[4] The motion for leave to appeal the order of Koehnen J. dated December 21, 2020 is dismissed.

[5] The costs order is amended as follows: costs of the motion are ordered in the amount of $5,000 all inclusive, payable by the Moving Parties jointly and severally.

Swinton J.

Lederer J.

Kristjanson J.

Date: April 23, 2021