Zitia Developments Inc. et al v. Halyk et al, 2026 ONSC 2998

CITATION: Zitia Developments Inc. et al v. Halyk et al, 2026 ONSC 2998

COURT FILE NO.: CV-22-00691951-0000

DATE: 20260521

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

ZITIA DEVELOPMENTS INC.; ZITIA DEVELOPMENTS (2010) INC.

Plaintiffs/Defendants by counterclaim

– and –

PAUL HALYK; 2156083 ONTARIO INC.; IOANNIS ANTONOPOULOS, AKA John Antonopoulos; SPEROS KANELLOS; JOHN ALEXANDER EVANS; ROSS & MCBRIDE LLP; WILLIAM DUNLOP

Defendant(s)/ Plaintiffs by counterclaim

Daniel Rosenbluth, Adam Iggers, for the Plaintiffs/Defendants by counterclaim

Richard Campbell, for the Defendant(s)/ Plaintiffs by counterclaim

HEARD:March 17, 2026

JUSTICE Carissima Mathen

SUPPLEMENTAL REASONS FOR DECISION

1On April 7, 2026, I issued reasons in a long motion brought by the plaintiffs/defendants by counterclaim, Zitia Developments Inc. and Zitia Developments (2010) Inc., who sought a stay of proceedings and related relief in their litigation against the defendants/plaintiffs by counterclaim Paul Halyk et al.

2I granted the motion. I wrote that “the only appropriate result is to order the remedies as sought”: Zitia Developments Inc. et al v. Halyk et al, 2026 ONSC 2057, at para. 107.

3My decision continued, in part:

108In conclusion, I make the following order:

a. The motion is granted as follows:

i. The action commenced by the defendants/plaintiffs by counterclaim on May 13, 2021 bearing Court File No. CV-21-00076045-0000 is stayed.

ii. The action commenced by the defendants/plaintiffs by counterclaim on March 20, 2023 bearing Court File. No. CV-23-00000368-0000 is stayed.

iii. The action commenced by the plaintiffs/defendants by counterclaim on December 20, 2022 bearing Court File No. CV-22-00691951-000 may proceed as undefended.

4Subsequent to the release of my decision, the Plaintiffs brought to my attention that paragraph 108 (a), above, contained the following typographical or other errors:

a. the order set out at paragraph 108 refers to staying CV-23-00000368-0000 – a proceeding which was already discontinued and which was not in issue on the motion – instead of staying CV-24-00000255-0000, the proceeding referred to in the motion as the 2024 Action; and

b. the order at paragraph 108 did not address the relief sought by the moving parties that their counterclaim in Mr. Halyk’s 2021 Action (CV-21-00076045-0000) proceed as undefended.

5At the Plaintiff’s request, I convened a case conference on May 21, 2026 to determine the appropriate way forward. At that conference, the Defendant, Paul Halyk, confirmed that he does not object to my issuing a corrected order if I am satisfied that, due to the errors identified, my original Order does not accurately reflect my reasons for decision. I have determined that that is the case, and a new Order is required.

6I therefore will issue an Order that reflects the above changes, namely, that:

a. The proceeding bearing court file number CV-24-00000255-0000 is stayed.

b. The Plaintiff Paul Halyk’s 2021 Action (CV-21-00076045-0000) may proceed as undefended.

c. The other provisions in my original Order, which do not relate to the errors, remain unchanged and, for clarity, will be reproduced in the new Order.

7I thank all counsel for their cooperation.

Mathen, J.