Court File and Parties

CITATION: Northern Gate Retirement Community v. Clements, 2024 ONSC 5556

DIVISIONAL COURT FILE NO.: 367/24 ML

DATE: 20241018

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: NORTHERN GATE RETIREMENT COMMUNITY, Plaintiff by Counterclaim (Moving Party)

AND:

NORMAN LEE CLEMENTS, JAMES C. MCCARTHY, RICHARD POWELL, GARY ROUSE, 2036041 ONTARIO LIMITED and CMR CONSTRUCTION CORP., Defendants to the Counterclaim (Responding Parties)

BEFORE: RSJ Firestone, Sachs, Charney JJ.

COUNSEL: Jan-Paul Waldin and Allan Herman, for the Moving Party

Terrence Pochmurski, for the Responding Party, Richard Powell

Tim Gleason and Megan Phyper for the Responding Parties, Norman Lee Clements James C. McCarthy, Gary Rouse, 2036041 Ontario Limited and CMR Construction Corp.

HEARD: In-writing

Endorsement

[1] The motion for leave to appeal the decision of Sutherland J. dated June 11, 2024 is denied. No one appeared for the responding party Powel. Costs to the parties who did appear fixed at $1,000.00 all-inclusive. This amount is reduced because a cost outline was not filed.

RSJ Firestone J.

Sachs J.

Charney J.

Released: October 18, 2024