Court File and Parties
Court File No.: 90-CU-399680 Date: 2018-09-18 Superior Court of Justice - Ontario
Re: Apollo Real Estate Limited, Plaintiff And: Streambank Funding Inc. o/a The Equity Centre, Gary M. Cullen, and Irwin Belitsky, Defendants
Before: Mr. Justice Stephen E. Firestone
Counsel: William Malamas, acting in person, on behalf of Apollo Real Estate Limited, for the Plaintiff Andi Mackay, for the Defendant Gary Cullen
Heard: In Writing
Endorsement
[1] At paragraph 61 of my Reasons for Decision dated February 26, 2018 I ordered in part as follows:
The plaintiff’s action against Cullen is stayed pursuant to Rules 57.03(2) and 60.12 of the Rules of Civil Procedure for a period of 180 days of the date of these reasons to afford Apollo an opportunity to pay in full the costs order dated March 20, 2017 in the amount of $80,820.75. During this stay, the registrar of this court is to accept no further filings or take any further steps excepting only the written cost submissions and entry of this order.
If the costs order dated March 20, 2017 in the amount of $80,820.75 is not paid in full within 180 days of the date of these reasons, Apollo’s action shall be dismissed by the court without further notice to Apollo upon Cullen filing an affidavit certifying non-payment of this costs order.
[2] By way of affidavit sworn August 29, 2018, Roni Szeto (“Szeto”), legal assistant with the law firm of MacKay Boyar Law Corporation, counsel for the defendant Gary M. Cullen (“Cullen”), deposes that Apollo has not paid the cost order in the amount of $80,820.75 and has made no payments on account of same. Szeto further deposes that Apollo has not paid the amount of $4,000 to Cullen in accordance with my costs order dated April 10, 2018 in relation to the stay motion.
[3] In accordance with my Reasons for Decision dated February 26, 2018 I hereby dismiss Apollo’s action against Cullen.
Released: September 18, 2018 Firestone J.