Court File and Parties
CITATION: Canadian National Railway Company v. Holmes, 2021 ONSC 2636
DIVISIONAL COURT FILE NO.: 261/21
DATE: 20210409
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Canadian National Railway Company, Plaintiff
AND:
Scott Holmes, Jennifer Lynn Parisien, also known as Jennifer Lynn Flynn in her personal capacity and as sole proprietor and operating as Efficient Construction, Janice Shirley Maureen Holmes, Murray Fussie, Scott Albert Pole, Rick Sousa, also known as Ricky Sousa, in his personal capacity and operating as Trax Unlimited, Michael Sousa, also known as Mike Sousa, in his personal capacity and operating as Trax Unlimited, Julie Sousa, 2035113 Ontario Ltd., Complete Excavating Ltd., Monterey Consulting & Construction Ltd., 2071438 Ontario Limited., operating as Completetrax, operating as Complete Trax, 2071442 Ontario Ltd., The Scott Holmes Living Trust, The Jennifer Lynn Flynn Living Trust, Greyslone Ltd., and Belview Management Ltd., Defendants
BEFORE: D.L. Corbett, Kristjanson and Favreau JJ.
COUNSEL: Morris Manning, for the Moving Parties, Rick Sousa, in his personal capacity and operating as Trax Unlimited, Michael Sousa, in his personal capacity and operating as Trax Unlimited, Julie Sousa, and 2071438 Ontario Ltd., operating as Complete Trax
Marc A. Munro and John Kingman Phillips, for the Responding Parties, Scott Holmes, Jennifer Lynn Flynn, 2035113 Ontario Ltd., Complete Excavating Ltd., Monterey Consulting & Construction Ltd., 2071442 Ontario Ltd., The Scott Homes Living Trust and The Jennifer Lynn Flynn Living Trust
HEARD in writing
DECISION ON MOTION FOR LEAVE TO APPEAL
[1] The motion for leave to appeal from the order of Koehnen J. dated March 6, 2021 (unreported) is dismissed with costs to the responding parties fixed at $2,500 inclusive, payable within 14 days.
D.L. Corbett J.
Kristjanson J.
Favreau J.
Date: April 9, 2021