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

[1] When 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.

[2] Substantial 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.

[3] The 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.) .

[4] For 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