Court File and Parties
COURT FILE NO.: FS-14-398922 DATE: 20210309 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
ANITA BIELAK Applicant/Responding Party – and – ELI DADOUCH Respondent/Moving Party
Counsel: Bryan R.G. Smith, Jennifer Cook and Stuart Svonkin, for the Applicant/Responding Party Daryl Gelgoot, Jen-Yii Liew and Shaun Laubman, for the Respondent/Moving Party
HEARD: March 9, 2021
Clarification to Ruling on Pre-Trial Motion
P.J. Monahan J.
[1] Following release of my ruling on March 8, 2021, counsel for the Respondent sought a clarification of a particular aspect of the ruling. This matter was discussed at an attendance today to address issues relating to trial logistics, involving counsel only.
[2] Having heard from counsel on the matter, and without amending or varying my earlier ruling, I provide the following clarification:
a. The Respondent’s January 29, 2021 notice of motion (“NOM”) sought a ruling that any issues pertaining to the ownership, control, valuation or any related matters concerning Firm Capital Mortgage Corporation or Door to Door Investments Inc. (collectively, the “FCMC Companies”) are not properly matters for trial, and could not be raised by the Applicant.
The Respondent’s motion was dismissed. The effect of my ruling is simply to permit the Applicant to raise the issues identified above at trial. My ruling does not determine the manner in which these matters may be raised, the admissibility of any evidence, or how evidence may be led at trial. In my view the order is interlocutory and not a final order.
b. The Respondent’s NOM did not move to add Marilyn Dadouch or the FCMC Companies as parties to the proceeding. According, my ruling does not decide whether they may be added as parties.
c. If the Respondent or any other person believes that additional parties should be added to the proceeding, the solution is as identified in para 54 of my endorsement, namely, a motion should be brought seeking such relief.
P. J. Monahan J.
Released: March 9, 2021

