Court File and Parties

COURT FILE NO.: CV-18-605529 DATE: 20210825

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DENI VIOLO Applicant/Responding Party AND: DARRELL S. WAISBERG & ASSOCIATES Respondent/Moving Party

BEFORE: Mr. Justice Chalmers

COUNSEL: D. Violo, self-represented D. Waisberg, self-represented

HEARD: August 25, 2021, by videoconference

Endorsement

[1] The Applicant seeks to assess the Respondent’s accounts. The Respondent takes the position that the parties reached a settlement agreement with respect to the accounts that are subject to an assessment. The Applicant denies that there is a binding settlement. The Respondent brings this motion to determine what was agreed to between the parties and to provide directions to the assessment officer as to the accounts to be assessed.

[2] Unfortunately, this matter has not proceeded expeditiously. The matter came before me in Civil Practice Court in December 2020. I scheduled the motion for March 29, 2021 for a full day. The matter came before Vella, J. on March 29, 2021. The Applicant’s motion record had not been uploaded to Caselines. In addition, the Respondent raised an objection to the forms of Mr. Violo’s affidavit and the affidavits of service. Vella, J. adjourned the motion to August 25, 2021.

[3] The matter came before me on August 25, 2021. Although the parties were ready to proceed, the Court could not accommodate a full-day motion. It was necessary to adjourn the motion once again.

[4] I adjourn the motion to March 10, 2022, for a full day. All materials required for the motion have been served and uploaded to Caselines, and as a result there is no need to update the timetable.

DATE: August 25, 2021