Court File and Parties
COURT FILE NO.: CV-15-2151-00
DATE: 2019 07 03
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: PAUL JANZA, VLADO ZUPANEC AND NAHANNI STEELP PRODUCTS INC., carrying on business as “JANCOX STAMPINGS”
Applicants
– and –
JOSEPH NICHOLSON, BRIM HOLDINGS CORP., BRIM ROOFING INC., BRIM SUPPLY INC., and BRIM IPCO INC.
Respondents
AND BETWEEN:
JOSEPH NICHOLSON
Applicant by Counter-Application
– and –
PAUL JANZA, VLADO ZUPANEC, NAHANNI STEELP PRODUCTS INC., carrying on business as “JANCOX STAMPINGS” AND RVP ROOFING SYSTEMS INC.
Respondents to the Counter-Application
BEFORE: EMERY J.
COUNSEL: C. Harold Rosenberg, for the Respondents to the Counter-Application Janza, Zupanec, Nahanni Steel & RVP Roofing
HEARD: In writing, by requisition
ENDORSEMENT on THE REQUISITION TO DISMISS
Emery J.
[1] At the time I heard a motion by the Janza group as respondents to the counter-application commenced by Joseph Nicholson against them and RVP Roofing Systems Inc., Mr. Nicholson and the BRIM group of companies had not paid significant costs those respondents had been awarded in the course of this litigation. In the Reasons for Decision on that motion released on February 4, 2019 in BRIM IPCO INC. v. Horbatiuk et al., I made the following order:
- Since Mr. Nicholson effectively holds all shares in BRIM corporations, I order a stay of the Nicholson application until May 30, 2019. I am directing the registrar in Brampton to dismiss the Nicholson application upon the filing of an affidavit by counsel for any member of the Janza group that the costs that have been awarded to them under previous orders described in these reasons have not been paid in full by that date, including interest.
[2] The Janza group and RVP Roofing Systems Inc. have now filed a requisition requiring the registrar of the Superior Court of Justice at Brampton to dismiss the counter-application in Court File No. CV-15-2151-00 because Mr. Nicholson and the BRIM group of companies failed to pay any of the costs ordered by May 30, 2019. The requisitioning parties rely on the affidavit sworn by Eddy J. Battiston on June 11, 2019 in support of their requisition to prove those costs have not been paid. At paragraph 9, Mr. Battiston deposes that:
- The costs that were awarded to the Janza group under previous orders described in the reasons were not paid in full by May 30, 2019. In fact, to date hereof, no monies at all have been paid in respect to any of the costs awards described in the reasons.
[3] Later, in paragraph 11, Mr. Battiston states that:
- The decision of Mr. Justice Emery dated February 4, 2019, Exhibit 3 herein, is not subject to a stay.
[4] The proceeding commenced by Joseph Nicholson as a counter-application in Court File No. CV-15-2151-00, is therefore dismissed. An order in the form and content attached as Schedule A to this endorsement shall issue.
Emery J.
Released: July 3, 2019
COURT FILE NO.: CV-15-2151-00
DATE: 2019 07 03
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
PAUL JANZA, VLADO ZUPANEC AND NAHANNI STEELP PRODUCTS INC., carrying on business as “JANCOX STAMPINGS”,
Applicants
– and –
JOSEPH NICHOLSON, BRIM HOLDINGS CORP., BRIM ROOFING INC., BRIM SUPPLY INC., and BRIM IPCO INC.,
Respondents
AND BETWEEN:
JOSEPH NICHOLSON,
Applicant by Counter-Application
– and –
PAUL JANZA, VLADO ZUPANEC, NAHANNI STEELP PRODUCTS INC., carrying on business as “JANCOX STAMPINGS” AND RVP ROOFING SYSTEMS INC.,
Respondents to the Counter-Application
ENDORSEMENT ON THE REQUISITION TO DISMISS
EMERY J.
Released: July 3, 2019