COURT FILE AND PARTIES
COURT FILE NO.: CV-11-537576
DATE: 2013-10-15
HAZELTON LANES INC AND STEPHEN CHAN
V
1707590 ONTARIO LIMITED, JOHN FARACI, et al
ENDORSEMENT- Contempt Order #2
ENDORSEMENT
In paragraph 5 of my previous order dated September 16, 2013, I stated that, in the event of default by the Faraci defendants in making the stipulated payment into court, a further order would be made. After hearing from counsel for the parties affected, in court on October 7, 2013, I now make the following order.
The statement of defence and counterclaim of the Faraci defendants is hereby struck out without leave to amend.
Upon noting the Faraci defendants in default, the plaintiffs may move before me for judgment at a time to be fixed by me on request.
At the opening of the hearing, counsel for 1707590 Ontario Limited and John Faraci (the “Faraci defendants”) acknowledged that the Faraci defendants had not made the payment into court as provided for in my order of September 16, 2013. No explanation was made for their failure to make the payment and no request was made for an extension of time within which the payment could be made. Nor was any request made for an opportunity to purge their contempt.
It remains my view that Faraci’s strategy, described in my earlier endorsement, must not be allowed to succeed. His ongoing efforts to hijack this trial continue to be an affront to the administration of justice and no order less severe than the order now made would suffice to stop those efforts.
All claims for costs by the plaintiffs against the Faraci defendants, including those relating to this motion, will be heard by me together with any motion for judgment that may be made.
This order is subject to being varied by me from time to time in accordance with any exigencies that may occur.
Matlow, J.