Court File and Parties

Court File No.: CV-16-561121 Date: 2023-09-11 Superior Court of Justice - Ontario

Re: Bricklayers, Masons Independent Union of Canada, Local 1, Creditors And: MP Masonry Ltd., Debtor And: First View Homes (Scarborough) Inc. c.o.b. as First View Homes, Garnishee

Before: Dietrich J.

Counsel: Maheen Merchant, for the Creditors bringing the motion for an adjournment Flavio Battiston, for the Garnishee Gregory Graham, for non-parties and Maria Pavao

Heard: November 16, 2017

Endorsement

[1] The determination of whether 1965016 Ontario Ltd. is a “related employer” to M.P. Masonry Ltd., by the Ontario Labour Relations Board, is essential to determining who is ultimately entitled to receive the funds paid into court by the Garnishee. A mediation with respect to the Related Employer Application is scheduled for November 28, 2017, which is less than two weeks away.

[2] Mr. Battiston is indifferent to the adjournment, but the Garnishee will stay involved in the proceedings to protect its interest in the amount paid into court as security for costs. Given the timing of the mediation, there is no prejudice to the non-parties.

[3] The Creditors have not delayed in advancing their claim and arranging for the Labour Board to consider their Related Employer Application, which is a necessary step in determining the ultimate entitlement to the garnishment funds paid into court.

[4] Motion adjourned without costs to a date as soon as reasonably possible following the decision of the Labour Relations Board on the Related Employer Application, if the matter is not settled at the scheduled mediation.

Dietrich J.

Original Endorsement released on November 16, 2017

Date: September 11, 2023