SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: 53982/12
DATE: 2015/09/09

RE: Verge Insurance Brokers Limited, et al. (Plaintiffs) v. Richard Sherk, et al. (Defendants)

BEFORE: The Honourable Mr. Justice R.A. Lococo

COUNSEL:
Stephen F. Gleave and Richelle M. Pollard, for the Plaintiffs

George Limberis, for the Defendant, Daniel Sherk

HEARD: By written submissions dated August 11 to September 3, 2015

E N D O R S E M E N T

[1] On June 29, 2015, Justice Quinn dismissed a motion by the Defendant, Daniel Sherk, to vary the terms of an interim injunction previously issued on the consent of the parties. Justice Quinn’s Endorsement is reported at 2015 ONSC 4044. The Defendant has brought a motion for leave to appeal Justice Quinn’s decision to the Divisional Court.

[2] The Defendant’s motion for leave to appeal is dismissed. In reaching that decision, I considered both clauses of rule 62.02(4) of the Rules of Civil Procedure, and concluded that the Defendant did not satisfy the required onus under either clause.

[3] The matters before the court on the motion before Justice Quinn were of obvious importance to the parties. However, in my opinion, the matters in issue were not of such importance that appellate review is justified, nor is the granting of leave otherwise desirable.

[4] If the parties cannot agree on costs, the Plaintiffs may serve and file within 14 days brief written submissions (not to exceed three pages), together with a costs outline and any pertinent offers. The Defendant will have 14 days after receipt to respond by brief written submissions. The Plaintiffs may reply within seven days. All such submissions shall be forwarded to the Trial Coordinator and also to me at 59 Church Street, 4th Floor, St. Catharines L2R 7N8. If no submissions are received within this timeframe, the parties will be deemed to have settled the issue of costs.

The Honourable Mr. Justice R.A. Lococo

Released: September 9, 2015

COURT FILE NO.: 53982/12

DATE: 2015/09/09

SUPERIOR COURT OF JUSTICE - ONTARIO

BETWEEN:

RE: Verge Insurance Brokers Limited, et al. (Plaintiffs) v. Richard Sherk, et al. (Defendants)

BEFORE: The Honourable Mr. Justice R.A. Lococo

COUNSEL: Stephen F. Gleave and Richelle M. Pollard, for the Plaintiffs

George Limberis, for the Defendant, Daniel Sherk

ENDORSEMENT

Lococo J.

Released: September 9, 2015