Marks v. Claridge Homes Corporation et al., 2012 ONSC 802

Endorsement

COURT FILE NO.: 10-47891
DATE: 2012/02/06
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Bruce D. Marks and Irina Marks, Plaintiffs

AND

Claridge Homes Corporation, Claridge Homes Inc., Claridge Homes (Briar Ridge) Inc., and Tario Warranty Corporation, Defendants/Respondents

BEFORE: Mr. Justice Peter Annis

COUNSEL: Bruce D. Marks, for the Plaintiffs/Moving Parties

Ian B. McBride, for the Defendants/Respondent, Claridge Homes Corporation, Claridge Homes Inc., and Claridge Homes (Briar Ridge) Inc.

Matthew J. Gervan, for the Defendant/Respondent Tarion Warranty Corporation

HEARD: January 11, 2012

ENDORSEMENT

1The parties came back before me on January 11, 2012 seeking further directions concerning paragraph [1] of my order of my Endorsement of December 5, 2011, which reads as follows:

With respect to the issue concerning Tarion’s answers to the undertakings, advisements and objections, with specific reference to the contents of the plaintiffs’ Form 37C chart, I rule as follows:

1. Refused, as not relevant, subject however to Claridge being able to provide unequivocal evidence in support of its denial that Claridge Homes (Briar Ridge) is a subsidiary of the other Claridge defendants, failing which portions of the Claridge defendants’ registrations in respect of that issue should be produced;

2I had made the suggestion that an admission from the defendants concerning ownership and control would fulfil the requirements of my order and would avoid the time and expense of productions and further examinations on this issue, which suggestion the parties agreed to.

3The letter of Mr. McBride dated January 17, 2012 provides admissions in accordance with what I had suggested. It may be entered into evidence in these proceedings to prove the truth of its contents. Accordingly, I conclude that the requirements of my order of December 5, 2011 are met.

4In accordance with my oral ruling on January 11, 2012, the plaintiffs are to have their costs of $750 paid by the Claridge defendants.

Annis J.