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

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

1I spoke with counsel by conference call.

2There 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.

3Mr. 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.

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

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

6I 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