ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: C-121-11
DATE: 2012-01-13
BETWEEN:
Stan Gidzinski a.k.a. Stanislaw Gidzinski
F.S. Finch, for the Applicant
Applicant
- and -
Lake Simcoe Aeropark Inc., Berardo Mascioli, Elizabeth Betowski a.k.a. Ewa Betowski
H.R. Weir, for the Respondents
Respondents
HEARD: October 25, 2011
The Hon. Mr. Justice Kent
SUPPLEMENTARY REASONS FOR RULING MADE 25 OCTOBER, 2011 WITH ORAL REASONS DELIVERED ON THAT DATE
1When I delivered oral reasons for my endorsement and ruling on 25 October, 2011, I reserved the opportunity to deliver supplementary reasons in writing and ordered a transcript of my oral reasons. The transcript is now available. Brief supplementary reasons are now delivered in writing.
2Substantial evidence by way of affidavit was before this court. The parties had an opportunity for cross-examination on the affidavit evidence. Until the return of the motion on 25 October, 2011 there was no request for a trial. This court provided the parties with a full opportunity to argue their positions. There were no material facts in dispute. There was no evidence to indicate that the parties are other than equal shareholders.
3The principal issue may in the circumstances be decided upon a motion rather than a trial. That is the most expeditious manner in which to proceed and it is the least expensive for the parties. See: Stuyt v. Stuyt [2009] O.J. No. 2475 and C.M.L.Q. Investors Co. v. CIBC Trust Corp. 1996 Carswell Ont. 3376, 3 C.P.C. 4 th 62 (O.C.A.) .
4For the oral reasons delivered on 25 October 2011, as supplemented by the above reasons, this court ordered that the Applicant’s motion seeking a trial of issues was dismissed and granted relief to the Respondents as endorsed on the Motion Record on 25 October 2011.
KENT J.
Released: January 13, 2012
COURT FILE NO.: C-121-11
DATE: 2012-01-13
ONTARIO SUPERIOR COURT OF JUSTICE BETWEE N: Stan Gidzinski a.k.a. Stanislaw Gidzinski Applicant - and - Lake Simcoe Aeropark Inc., Berardo Mascioli, Elizabeth Betowski a.k.a. Ewa Betowski Respondents SUPPLEMENTARY REASONS FOR RULING MADE 25 OCTOBER, 2011 WITH ORAL REASONS DELIVERED ON THAT DATE KENT J.
Released: January 13, 2012