SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-09-1262-00
DATE: 2014 12 24

RE: GAETANO LO FASO

and -

DAVID FERRACUTI as ESTATE TRUSTEE OF THE ESTATE OF ANTHONY (aka Tony) FERRACUTI, ANTHONY FERRACUTI INVESTMENTS LIMITED, DALLAS INVESTMENTS LIMITED, CRAVIT & FERRACUTI INTERIOR DESIGN INC., 518391 ONTARIO INC., DRUMLIN DEVELOPMENTS LIMITED, DAVID FERRACUTI INVESTMENTS LTD., HEATHER FERRACUTI, GERALD BOREAN, PARENTE BOREAN, MAURO (aka Maurizio) MARCHIONI

BEFORE: LEMON J.

COUNSEL:
John Lo Faso, for the Plaintiff Gaetano Lo Faso

Colby Linthwaite, for the Ferracuti Defendants

HEARD: December 22, 2014

ENDORSEMENT

[1] I spoke with counsel by conference call.

[2] There is an issue between the parties as to the extent to which Mr. Lo Faso may cross-examine on the affidavits relied upon by the defendants in this matter.

[3] Mr. Lo Faso has brought a motion. Mr. Linthwaite seeks to rely upon the materials filed in an earlier similar motion. Accordingly, he says that since the parties have been cross-examined at length on those materials, Mr. Lo Faso ought not to be able to cross-examine again. Mr. Lo Faso disagrees.

[4] This is an issue that will need to be dealt with on the record and not simply by conference call.

[5] Both parties shall provide me with brief facta to clarify the issue. Those materials will be provided to me by February 20, 2015.

[6] I shall hear submissions from the parties February 27, 2015 at 3:00 p.m.

Lemon J

DATE: December 24, 2014

COURT FILE NO.: CV-09-1262-00

DATE: 2014 12 24

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GAETANO LO FASO

and -

BEFORE: LEMON J.

COUNSEL: John Lo Faso, for Gaetano Lo Faso, for the Plaintiff

Colby Linthwaite, for the Defendants

ENDORSEMENT

LEMON J

DATE: December 24, 2014

Lo Faso v. Ferracuti et al., 2014 ONSC 7463

Case Summary

SUPERIOR COURT OF JUSTICE - ONTARIO

ENDORSEMENT

This Proceeding

Judge

Counsel

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Areas of Law