Court File and Parties

COURT FILE NO.: CV-150005364400OT DATE: 2019-06-12

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: APPLEJACK DEVELOPMENTS INC., Plaintiff AND: 2294894 ONTARIO INC. and MADY (RICHMOND HILL) DEVELOPMENT CORPORATION, Defendants

BEFORE: Mr. Justice Stephen E. Firestone

COUNSEL: Barry L. Yellin and Kayla A. Carr, for the Plaintiff Scott W. Beattie, for the Defendants

HEARD: In writing

Endorsement

[1] The defendant 2294894 Ontario Inc.(“229”) brings this motion for an order transferring this action from the Central South Region (Hamilton) to the Toronto Region pursuant to Rule 13.1.02 of the Rules of Civil Procedure, R.R.O), 1990,Reg.194 (the “Rules”). The plaintiff Applejack Developments Inc. (“Applejack”) opposes the motion. Default judgment has been obtained against the defendant Mady (Richmond Hill) Development Corporation.

[2] Applejack claims damages in the amount of $900,000 arising from the breach of a promissory note as amended as more particularly detailed in the statement of claim issued on July 9, 2015.

[3] On June 27, 2017, Applejacks motion for partial summary judgment was heard in Hamilton. On July 12, 2017, Applejack was granted partial summary judgment in the amount of $500,000. At no time prior to the scheduling or hearing of that summary judgment motion did 229 seek to transfer this proceeding from Hamilton to Toronto.

[4] On the consent of Applejack and 229, a further summary judgment motion for the remaining amount claimed has been scheduled in Hamilton returnable the week of July 8, 2019.

[5] Based on the procedural history of this matter including the pending motion for judgment scheduled for the week of July 8, 2019, it is premature and not desirable in the interest of justice that this transfer motion to be determined at this time. The motion is therefore dismissed without prejudice to renew it, if necessary, following the determination of the pending summary judgment motion.

[6] The issue of costs will be addressed by me following the disposition of the summary judgment motion and any further transfer motion which may brought.

Firestone J.

Date: June 12, 2019