SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 01-CV-18977
DATE: 2014/06/25
RE: PATRICK DEWAN, DOMICILE DEVELOPMENT INC., 1436984 ONTARIO LTD., AMIRA GABRIEL, 1496055 ONTARIO INC., 117490 CANADA LTD., THE ESTATE OF SHEILA EBERTS, 2201894 ONTARIO INC., BBG EQUITY MANAGEMENT CORPORATION AND POWELL GRIFFITHS
Plaintiffs
AND
CLAUDE-ALAIN BURDET, IN TRUST, JANET SUE BURDET, CLAUDE ALAIN BURDET, 1457563 ONTARIO CORPORATION, CARLETON CONDOMINIUM CORPORATION NO. 396, 1443957 ONTARIO INC., AND ENTREPRISE TED RUBAC ENTERPRISES INC.
Defendants
BEFORE: Kane J.
COUNSEL:
Kenneth Radnoff, counsel for the Plaintiffs
Gary Boyd, counsel for CCC No. 396
Claude-Alain Burdet, counsel for the Defendants
HEARD: June 20, 2014 (at Ottawa)
CASE CONFERENCE ENDORSEMENT
[1] The court by correspondence dated June 11, 2014, Exhibit A on this case conference, raised certain issues with the parties in light of the upcoming trial of this action and counterclaim in September, 2014.
[2] In particular, the court noted that the validity of arrears owed by the plaintiff unit owners to Carleton Condominium Corporation No 396 for condominium fees, penalties, charges and interest, is an issue in the Amended Statement of Claim, (paras. 22 and 23) and in the Amended Statement of Defence and Counterclaim, (paras. 47 to 51 and 58).
[3] The plaintiffs acknowledged that in the upcoming September, 2014 trial in this action, this court on the present pleadings with no party seeking the right to amend the same, shall have jurisdiction to:
(a) Determine the validity and amount, if any, owed by each plaintiff unit for the period February 1, 1997 to August 31, 2012, and
(b) To award judgment and interest to Carleton Condominium Corporation No. 396 against each plaintiff unit owner for any amount determined owing.
[4] Neither the defendants nor Carleton Condominium Corporation No. 396 opposed inclusion of the above issue in this manner in this upcoming trial or the jurisdiction of this court in that regard.
[5] The matters in paragraph 3 above shall form part of and be determined in the trial of this action scheduled for September, 2014.
Kane J.
Released: June 25, 2014
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: PATRICK DEWAN, DOMICILE DEVELOPMENT INC., 1436984 ONTARIO LTD., AMIRA GABRIEL, 1496055 ONTARIO INC., 117490 CANADA LTD., THE ESTATE OF SHEILA EBERTS, 2201894 ONTARIO INC., BBG EQUITY MANAGEMENT CORPORATION AND POWELL GRIFFITHS
Plaintiffs
AND
CLAUDE-ALAIN BURDET, IN TRUST, JANET SUE BURDET, CLAUDE ALAIN BURDET, 1457563 ONTARIO CORPORATION, CARLETON CONDOMINIUM CORPORATION NO. 396, 1443957 ONTARIO INC., AND ENTREPRISE TED RUBAC ENTERPRISES INC.
Defendants
CASE CONFERENCE ENDORSEMENT
Kane J.
Released: June 25, 2014