Court File and Parties

CITATION: Yun v. Raaw Japanese Cuisine, 2021 ONSC 7481

DIVISIONAL COURT FILE NO.: 400/21-ML

DATE: 2021/11/26

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: wai vip yun also known as STEPHEN YUN, Plaintiff (Responding Party)

AND:

raaw japanese cuisine (1734028 ontario inc.) and wing yee chow also known as angela chow, Defendants (Moving Parties)

BEFORE: ACJSC McWATT, COATS and FAVREAU JJ.

COUNSEL: Peter Lulic, for the Plaintiff (Responding Party)

Michael Cohen, for the Defendants (Moving Parties)

HEARD: in writing

Endorsement

[1] The responding party’s request to extend the time for submitting materials in response to the motion for leave to appeal is dismissed.

[2] The motion for leave to appeal the order of Justice Dawe dated May 3, 2021, reported at 2021 ONSC 3282, is dismissed. No costs are awarded to the responding party given that he filed no responding materials.

[3] The panel notes that the motion judge dismissed the motion for security for costs on the basis that no statement of defence had been filed. This means that the moving parties can renew their motion for security for costs by demonstrating that they have served and filed a statement of defence.

ACJSC McWatt J.

Coats J.

Favreau J.

Released: November 26, 2021