Court File and Parties
COURT FILE NO.: CV-15-22383 DATE: 20160516 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: SNS Construction Contracting Ltd., Plaintiff AND: Dougall Cabana Inc., Gagandeep Singh Sekhon, Jaswinder Singh Bhatti and Royal Bank of Canada, Defendants
BEFORE: Patterson J.
COUNSEL: Andrea Lee, Agent for Richard J. Mazar, Counsel, for the Plaintiff Tom Serafimovski, Counsel, for the Defendants, Dougall Cabana Inc., Gagandeep Singh Sekhon, and Jaswinder Singh Bhatti
HEARD: May 16, 2016
Endorsement
[1] Service of Statement of Claim time for service extended – service made “nunc pro tunc” to comply with s. 53(2) of Construction Lien Act.
Reasons
- Default not intentional
- There has not been inordinate delay
- Delay will not affect the hearing of a fair trial
Terms
Pleadings by defendants within 30 days and Defence to Counterclaim 20 days thereafter.
Costs
Though the plaintiff was successful, it was his inadvertence that caused the motions to be brought. As a result, the defendants are entitled to costs fixed at $6,500 + tax plus disbursements of $508.10.
"Terrance L.J. Patterson" Terrance L.J. Patterson Justice
Date of Written Endorsement: May 16, 2016 Date of Transcribed Endorsement: June 14, 2017