Citation and Court Information
CITATION: National Squash Academy Inc. v. Parc Downsview, 2016 ONSC 1048
COURT FILE NO.: CV-15-539929
DATE: 20160210
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
NATIONAL SQUASH ACADEMY INC.
Plaintiff
– and –
PARC DOWNSVIEW PARK INC.
Defendant
Counsel:
Anne Posno, for the Plaintiff
Jonathan F. Lancaster and Sarah J. Turney, for the Defendant
Mark Van Zandvoort, for Royal Bank of Canada (secured creditor)
HEARD: February 10, 2016
REVISED CASE CONFERENCE ENDORSEMENT
diamond j.:
[1] Further to the release of my Reasons for Decision dated January 6, 2016, the parties appeared before me this morning on a case conference to settle the draft Order arising from those Reasons, and to address some additional matters.
[2] As of today, the conditions set out in paragraphs 47(a) – (b) of my said Reasons have not been met by the plaintiff.
[3] I am further advised by counsel for the plaintiff that (a) as pleadings have not closed, it is the plaintiff’s intention to discontinue this proceeding today, and (b) once this proceeding has been discontinued, it is the plaintiff’s intention to make a voluntary assignment into bankruptcy under the Bankruptcy and Insolvency Act R.S.C. 1985, c. B3.
[4] The draft Order, including a term dealing with the costs of the plaintiff’s motion, was ultimately settled between the parties and signed by me at the conclusion of the attendance.
[5] Finally, I wish to point out that nothing contained in my Reasons, or my original Endorsement dated November 13, 2015, affects the rights, interests or priority claims of any third party creditors.
Diamond J.
Released: February 10, 2016
CITATION: National Squash Academy Inc. v. Parc Downsview, 2016 ONSC 1048
COURT FILE NO.: CV-15-539929
DATE: 20160210
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
NATIONAL SQUASH ACADEMY INC.
Plaintiff
– and –
PARC DOWNSVIEW PARK INC.
Defendant
REVISED CASE CONFERENCE ENDORSEMENT
Diamond J.
Released: February 10, 2016