CITATION: Xela Enterprises Ltd. v. Castillo, 2022 ONSC 2580

DIVISIONAL COURT FILE NO.: 189/22

DATE: 20220506

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: XELA ENTERPRISES LTD., TROPIC INTERNATIONAL LIMITED, FREST QUEST, INC., 696096 ALBERTA LTD., JUAN GUILLERMO GUTIERREZ AND CARMEN S. GUTIERREZ, AS EXECUTOR OF THE ESTATE OF JUAN ARTURO GUTIERREZ, Moving Party (Respondents)

AND:

MARGARITA CASTILLO (Applicant)

BEFORE: Sachs, D.L. Corbett and Matheson JJ.

COUNSEL: Christopher MacLeod, and N. Joan Kasozi, for the Moving Party Juan Guillermo Gutierrez Peter H. Griffin, Monique Jilesen, Derek Knoke, for the Receiver/Responding Party No other party filing materials on the motion for leave to appeal

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to appeal the order of McEwen J. dated March 25, 2022, and for a stay of various orders of McEwen J., is dismissed as abandoned, with costs payable by the moving party to the Receiver fixed at $5,000.00, inclusive, payable within thirty days.

[2] There shall be no costs payable to or by any other party.

Sachs J.

D.L. Corbett J.

Matheson J.

Released: May 6, 2022