Court File and Parties

COURT FILE NO.: CV-19-00621256 DATE: 20201211 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Kokoshi AND: York Condominium Corporation No. 414 et al

BEFORE: Mr. Justice Chalmers

COUNSEL: G. Bushi, for the Plaintiff(s)/Applicant(s) No one appearing, for the Defendant(s)/ Respondent(s)

HEARD: Telephone conference

Endorsement

[1] The Plaintiff brings this motion for an order transferring the Small Claims Court Action No.: SC-15-7300-00 to the Superior Court and to have the action consolidated with this action. By endorsement dated November 23, 2020, I ordered a case conference to determine whether the issue in dispute could be settled without a hearing and if not settled, to make any order to assist in the just most expeditious and least expensive disposition of the proceeding.

[2] The Defendant was provided with a copy of my endorsement dated November 23, 2020 and had notice that the case conference was scheduled for today. The Defendant did not attend the case conference.

[3] The Small Claims Court action involves the same subject matter as this action. It will be necessary to transfer the Small Claims Court action to the Superior Court and have the actions consolidated or tried together. Counsel for the Plaintiff is directed to prepare a draft Order transferring the Small Claims Court action to the Superior Court. The draft Order will be provided to the Defendant for approval. If approved, the Order will be forwarded to me to be signed. If not approved, the Defendant is directed to schedule another case conference before me to explain why its approval to the draft Order was not provided.

[4] The costs of today are awarded to the Plaintiff in any event of the cause.

Date: December 11, 2020