Court File and Parties

CITATION: First of Five Incorporated v. Recipe Unlimited Corporation, 2024 ONSC 509

DIVISIONAL COURT FILE NO.: 23-715-ML

DATE: 20240202

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: FIRST OF FIVE INCORPORATED, Plaintiff/Moving Party

AND:

RECIPE UNLIMITED CORPORATION and J.S.M. CORPORATION (ONTARIO) LTD., Defendants/Responding Parties

BEFORE: Stewart, Kurz and O’Brien JJ.

COUNSEL: Sam A. Presvelos and Evan A. Presvelos, for the Plaintiff/Moving Party Ken Prehogan and Max Skrow, for the Defendant/Responding Party Recipe Unlimited Corporation David Adams, for the Defendant/Responding Party J.S.M. Corporation (Ontario) Ltd.

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to appeal the order of Carey J. dated December 7, 2023, is granted.

[2] The appeal is to be expedited and is to be heard as early as can be scheduled and, if at all possible, before the end of March 2024, subject to any further order of the court.

[3] The motion for interim relief brought by the Moving Party/Appellant is also to be scheduled on an expedited basis to be heard by a single judge in advance of the appeal date. Counsel are to contact the Divisional Court Office on February 5, 2024 to fix a date for the motion, a timetable for the exchange of materials for the appeal and a date for the hearing of the appeal. The materials filed by the parties for use upon the motion heard by Tranmer J. may be used on the motion to be brought in this Court.

[4] Costs of the motion for leave to appeal are reserved to the panel hearing the appeal.

Stewart J.

Kurz J.

O’Brien J.

Released: February 2, 2024