Teplitsky Colson LLP v. Malamas
The motion to vary, amend or set aside the June 17, 2013 order is dismissed as having no merit; no oral hearing is granted; no response from respondents is required; and restrictions on further filings and communications by the moving party are imposed along with permission for respondents to take out the order without the moving party's approval.
- Citation
- 2014 ONCA 308
- Parties
- Applicants/respondents/respondents: Teplitsky Colson LLP; Applicants/respondents/respondents: Gary Caplan; Applicants/respondents/respondents: 2004782 Ontario Limited; Applicants/respondents/respondents: 717 Pape Inc.; Applicants/respondents/respondents: Peter L. Biro; Applicants/respondents/respondents: CGD Management Limited; Applicants/respondents/respondents: Crerar Property Corp.; Applicants/respondents/respondents: Danforth Properties Limited; Applicants/respondents/respondents: George Fouldis; Applicants/respondents/respondents: Goodman and Carr; Applicants/respondents/respondents: Jonathan Lisus; Applicants/respondents/respondents: Mccarthy Tetrault LLP; Applicants/respondents/respondents: The Mutual Trust Company (now known as the Clarica Trust Company); Applicants/respondents/respondents: Raymond Raphael; Applicants/respondents/respondents: Raymond Raphael Professional Corporation; Applicants/respondents/respondents: Stewart J.L Robertson; Applicants/respondents/respondents: Nicholas Stanoulis; Applicants/respondents/respondents: Donna Stanoulis; Applicants/respondents/respondents: Christina Stanoulis; Applicants/respondents/respondents: Gary Stanoulis; Applicants/respondents/respondents: Thomas Stanoulis; Applicants/respondents/respondents: Thomas M.T. Sutton; Applicants/respondents/respondents: Chris Tatsis; Applicants/respondents/respondents: Panagiota Tatsis; Applicants/respondents/respondents: Tonu Toome; Applicants/respondents/respondents: Toome Laar & Bell; Applicants/respondents/respondents: City of Toronto; Respondents/appellants/moving Parties: William Malamas (also known as Vasilios Malamas); Respondents/appellants/moving Parties: Apollco Developments Ltd.; Respondents/appellants/moving Parties: Apollo Real Estate Limited; Respondents/appellants/moving Parties: Apollco Properties Limited; Respondents/appellants/moving Parties: Apollco Construction Ltd.; Respondents/appellants/moving Parties: Apollo Ltd.; Respondents/appellants/moving Parties: Pallas Properties Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 April 2014
- Procedural Posture
- Collection / Motion to Set Aside Court Order (rule 59.06)
- Outcome
- Motion dismissed
- Legal Topics
- Setting Aside Order, Filing Restrictions, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Teplitsky Colson LLP
Applicants/respondents/respondents
Gary Caplan
Applicants/respondents/respondents
2004782 Ontario Limited
Applicants/respondents/respondents
717 Pape Inc.
Applicants/respondents/respondents
Peter L. Biro
Applicants/respondents/respondents
CGD Management Limited
Applicants/respondents/respondents
Crerar Property Corp.
Applicants/respondents/respondents
Danforth Properties Limited
Applicants/respondents/respondents
George Fouldis
Applicants/respondents/respondents
Goodman and Carr
Applicants/respondents/respondents
Jonathan Lisus
Applicants/respondents/respondents
Mccarthy Tetrault LLP
Applicants/respondents/respondents
The Mutual Trust Company (now known as the Clarica Trust Company)
Applicants/respondents/respondents
Raymond Raphael
Applicants/respondents/respondents
Raymond Raphael Professional Corporation
Applicants/respondents/respondents
Stewart J.L Robertson
Applicants/respondents/respondents
Nicholas Stanoulis
Applicants/respondents/respondents
Donna Stanoulis
Applicants/respondents/respondents
Christina Stanoulis
Applicants/respondents/respondents
Gary Stanoulis
Applicants/respondents/respondents
Thomas Stanoulis
Applicants/respondents/respondents
Thomas M.T. Sutton
Applicants/respondents/respondents
Chris Tatsis
Applicants/respondents/respondents
Panagiota Tatsis
Applicants/respondents/respondents
Tonu Toome
Applicants/respondents/respondents
Toome Laar & Bell
Applicants/respondents/respondents
City of Toronto
Applicants/respondents/respondents
William Malamas (also known as Vasilios Malamas)
Respondents/appellants/moving Parties
Apollco Developments Ltd.
Respondents/appellants/moving Parties
Apollo Real Estate Limited
Respondents/appellants/moving Parties
Apollco Properties Limited
Respondents/appellants/moving Parties
Apollco Construction Ltd.
Respondents/appellants/moving Parties
Apollo Ltd.
Respondents/appellants/moving Parties
Pallas Properties Inc.
Respondents/appellants/moving Parties
Procedural Posture
Collection / Motion to Set Aside Court Order (rule 59.06)
Legal Issues
- 1 Whether the June 17, 2013 order should be varied, amended or set aside
- 2 Whether an oral hearing is required
- 3 Whether further filings by Malamas should be permitted
Ratio Decidendi
The motion to vary, amend or set aside the June 17, 2013 order is dismissed as having no merit; no oral hearing is granted; no response from respondents is required; and restrictions on further filings and communications by the moving party are imposed along with permission for respondents to take out the order without the moving party's approval.
Court Disposition
Motion dismissed
Orders
- Motion dismissed
- No oral hearing granted
Full Case Text
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