Court File and Parties

COURT FILE NO.: 886/13

DATE: 2013-10-24

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

CROSSLINK BRIDGE CORP.

Applicant

– and –

CANADIAN NATIONAL RAILWAY COMPANY

Respondent

Chris Paliare and Jeffrey Larry, Counsel for the Applicant

Mark Stewart and Marina Sampson, Counsel for the Defendant

HEARD: July 16, 2013

REASONS FOR JUDGMENT

MURRAY J.

[1] This is an application. The defendant’s motion seeking an order directing the application to proceed by way of trial is dismissed.

[2] Crosslink Bridge Corporation (hereinafter “Crosslink”) is a company owned by two individuals, Andrew Penuvchev (hereinafter “Penuvchev “) and Zoran Cocovski (hereinafter ‘’Cocovski”). Crosslink was incorporated in 2007 in order to purchase approximately 44 acres of property from Canadian National Railway Company (hereinafter “CN”) in the Niagara Falls area.

[3] The 44 acre property is more particularly described as part of Stamford Township Lot 92, designated as parts 1, 2, 3, 5 and 6, Plan 50 9R- 11 645 City of Niagara Falls, Regional Municipality of