Court File and Parties

CITATION: 1637063 Ontario Inc. v.2404099 Ontario Limited, 2023 ONSC 2876

DIVISIONAL COURT FILE NO.: 23-133-ML

DATE: 20230519

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: 1637063 ONTARIO INC. o/a Markham Road Medical Centre, Applicant/Moving Party

AND: 2404099 ONTARIO LIMITED o/a JD Development Group, Respondent/Responding Party

BEFORE: D.L. Corbett, Leiper and Muszynski JJ.

COUNSEL: Jonathan Kulathungam and Karey Anne Dhirani, for the Moving Party

Jessica DeFilippis and Daniel A. Schwartz and James P. E. Hardy, for the Responding Party

HEARD: in writing

ENDORSEMENT

[1] The motion to strike the affidavit of Daniel Nishiguchi is dismissed without costs. The motion for a sealing order is dismissed without costs. The responding party shall upload its motion materials to CaseLines and file them with the court but will be permitted to redact those materials to remove mention of allegedly privileged information. Any issue between the parties respecting redactions made to the respondent’s materials may be addressed in writing back to this panel.

[2] The motion for leave to appeal the costs order of Koehnen J. dated January 27, 2023 (unreported) is dismissed, with costs payable by the moving party to the responding party fixed at $5,000, inclusive, payable within thirty days.

“D.L. Corbett J.”

“Leiper J.”

“Muszynsji J.”

Released: May 19, 2023