Court File and Parties

CITATION: 619513 Ontario Inc v. 1823201 Ontario Inc., 2015 ONSC 2498

COURT FILE NO.: CV 12-53510

DATE: 2015/04/16

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 619513 Ontario Inc. and Anton Cheng, Plaintiffs and Defendants by Counterclaim AND: 1823201 Ontario Inc. and Xiao Ping Li, Defendants and Plaintiffs by Counterclaim

BEFORE: Justice Patrick Smith

COUNSEL: David Hughes, Counsel, for the Plaintiffs, Defendants by Counterclaim Paul Auerbach, Counsel, for the Defendants, Plaintiffs by Counterclaim

HEARD: April 16, 2015

Endorsement

[1] This endorsement is supplementary to my endorsement dated March 3, 2015.

[2] On April 9, 2015 counsel for the Defendants, Plaintiffs by Counterclaim (Paul Auerbach) wrote to the Court advising that the conditions for reinstatement of the within action set out in paragraph 23 of my order made March 3, 2015 had not been fulfilled and that the action could not be reinstated. A conference was requested to discuss the issue.

[3] On April 13, 2015 counsel for the Plaintiffs, Defendants by Counterclaim (David Hughes) wrote to the Court and stated that he that believed that all the conditions of my endorsement were fulfilled.

[4] A conference call was arranged with counsel on April 16, 2015 at 9:45 during which both counsel provided oral submissions.

[5] Although there is a lack of clarity whether all undertakings have been fulfilled I am satisfied that the action should be reinstated and that all the conditions set out in paragraph 23 of my endorsement dated March 3, 2015 have been satisfactorily fulfilled.

[6] Counsel for the plaintiffs shall prepare a draft order within 5 days.

[7] Given the circumstances I am not prepared to make any order with respect to costs.

Patrick Smith J.

Released: April 16, 2015