Court File and Parties

Citation: Brighton Retirement Living Holdings Inc. v. Mic Mechanical Contracting Ltd, 2025 ONSC 1774 Divisional Court File No.: 61/25 ML Date: 2025-03-27

Superior Court of Justice – Ontario Divisional Court

Re: Brighton Retirement Living Holdings Inc., Moving Party And: Mic Mechanical Contracting Ltd, Micon Group Ltd. o/a D.D. Mac Electric, J.J. McGuire General Contractors Inc., Responding Party

Before: D.L. Corbett, Shore, and O’Brien JJ.

Counsel: K. Groulx, D. Cerovina, and O. Flis, for the Moving Party J. Allingham, for the Responding Party, Mic Mechanical Contracting Ltd. G. Grenier, for the Responding Party, Micon Group Ltd. o/a D.D. Mac Electric R. Zochodne and B. Zochodne, for the Responding Party, J.J. McGuire General Contractors Inc.

Heard: In-writing

Endorsement

[1] The motion for leave to appeal the decision of the Adjudicator James Minns dated January 14, 2025 (unreported ODACC decision) is granted, with costs of $30,000.00, inclusive, in the aggregate, payable in the discretion of the panel deciding the application for judicial review. In particular, if the panel orders costs of the leave motion against the moving party, the total payable will be $30,000, payable among the three responding parties as the panel may direct; if the panel orders costs of the leave motion against the responding parties, they shall pay the moving party $30,000, in the aggregate, divided among the responding parties as the panel may direct.

[2] The parties shall schedule a case management teleconference before D.L. Corbett J. by no later than April 11, 2025. At that conference the parties should expect to settle a schedule to ready the application for hearing, and to settle any schedule that may be required for a stay motion pending the hearing of the application.

[3] On an interim without prejudice basis, the impugned payment order is stayed pending a motion for an interlocutory stay in this court or other direction of the case management judge.

D.L. Corbett J.

Shore J.

O’Brien J.

Released: March 27, 2025