ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-08-361302
(Toronto)
Between
Glenn Talsky
Plaintiff
– and –
Vincent Lim and Lim & Hong Professional Corporation and Krishna Murari Gupta
Defendants
Self Represented
Alex Flesias, for the Defendants
HEARD: February 2, 2012
J.s. o’neill
RULING ON MOTION
1For the reasons which follow, I would grant the relief sought by counsel for Krishna Murari Gupta and dismiss the Plaintiff’s claim:
i. The Plaintiff executed both Minutes of Settlement, a release, an Agreement of Purchase and Sale, and a transfer. He received the agreed sum of $35,842.00 in or about October of 2005.
ii. In paragraph 21 of his Factum the Plaintiff has outlined the additional costs and losses occurred, for which he seeks relief against the remaining defendant in this action. If these losses occurred, totalling $36,075.00, the Plaintiff would have known about them no later than November 1, 2005.
iii. The Limitations Act of Ontario requires that any action instituted by the Plaintiff be filed no later than November 1, 2007 (within two years of discovery). This action was not instituted until August 28, 2008 and is accordingly statute barred.
iv. In addition, the claims to a conspiracy must fail, as there only remains one defendant in this action.
v. Mr. Gupta was at all times a trustee of the property, not the beneficial owner.
2Accordingly, for these reasons, and having regard to summary judgment motion rule 20.04, the within action is dismissed.
3The Defendant filed a bill of costs at the hearing seeking payment of substantial or partial indemnity costs of either $6420.66 or $4635.26.
4Having regard to the long history of this matter, and the submissions made by the parties, I hereby make no order against Mr. Talsky for costs. The claim is dismissed without costs.
5Order accordingly.
Justice J.S. O’Neill
Released: February 7, 2012
ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Glenn Talsky Plaintiff – and – Vincent Lim and Lim & Hong Professional Corporation and Krishna Murari Gupta Defendant RULING ON MOTION JUSTICE J.S. O’NEILL
Released: February 7, 2012