ENDORSEMENT
COURT FILE NO.: CV-08-365529
DATE: 20120709
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 1045525 ONTARIO LIMITED
And
RE: RE/MAX REAL ESTATE CENTRE INC.
BEFORE: B. P. O’MARRA, J.
COUNSEL:
James C. Morton , for the Plaintiff
Aaron Postelnik , for the Defendant
HEARD: July 4, 2012
ENDORSEMENT
[ 1 ] This is an appeal from the Order of Master Glustein dated January 28, 2011 wherein he ordered security for costs. He made the following findings:
Impecuniosity had not been made out.
He could not conclude that Plaintiff’s case had a high likelihood of success.
There was no hardship that would be worked even if impecuniosity cannot be established.
[ 2 ] Counsel agree that the appropriate standard of review of a Master’s ruling is set out in Zeitoun v. Economical Insurance Group, 2008 20996 (ON SCDC) , [2008] O.J. No. 1771 (Div. Crt.)
[ 3 ] The Appellant submits the Master erred in law in applying Morton and Attorney-General of Canada (Ont. Sup. Court, March 7, 2005) since Plaintiff in that case did not assert impecuniosity. I disagree. The Master made findings that were open to him on the issues and did not make any palpable or overriding errors. Further the Master did not err in law.
[ 4 ] Appeal dismissed.
[ 5 ] If the parties cannot agree on costs I will receive brief written submissions (no more than 3 pages) within 21 days of the release of this ruling.
B. P. O’MARRA, J.
Date: July 9, 2012