Court File and Parties

COURT FILE NO.: CV-18-595712

DATE: 20210503

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: EYELET INVESTMENT CORP. Plaintiff

AND:

LI SONG, BO XIAO, MESFIN YERSAW, also known as MESFIN YERSAW AMHA, EKATERINA AMKHA, and DONGMEI ZHAO, also known as DONG MEI ZHAO Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: S. Brunswick and J. Lake for the Plaintiff P. Waldmann, for the Defendants, Bo Xiao, Mesfin Yersaw Amha, Ekaterina Amkha and Dongmai Zhao aka Dong Mei Zhao, L. Song, self-represented.

HEARD: May 3, 2021, by teleconference

ENDORSEMENT

[1] The Plaintiff brings this motion for directions following the decision of O’Brien, J. dated October 18, 2019, in which she allowed the appeal of an arbitration. The Plaintiff was directed back to the Arbitrator to address its damages claim. The Plaintiff states that it has lost confidence in the Arbitrator and seeks direction as to how to procced with this matter expeditiously.

[2] The motion was returnable May 3, 2021. All parties agree that it is necessary to adjourn the motion. The Defendants are seeking an evaluation from Tarion with respect to a return of its deposits. The parties agree that the motion should not proceed until after Tarion has determined how it wishes to proceed.

[3] I agree that it is in the interests of justice to adjourn this matter. The motion is adjourned to August 5, 2021. I am seized of the motion.

[4] This endorsement does not preclude the parties from bringing a different motion after Tarion provides its position with respect to the deposits.

[5] If the parties require any assistance with respect to establishing a timetable for the motion returnable August 5, 2021 the parties may request a case conference with me.

DATE: May 3, 2021