Case information
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34098
Vincenzo Salvatore Schifano v. Josnic Limited, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-07-18 | Close file on Leave | |
| 2011-07-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-15 | Judgment on leave sent to the parties | |
| 2011-07-14 |
Judgment of the Court on the application for leave to appeal, The request to hold the application for leave to appeal in abeyance is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C52571, 2010 ONCA 815, dated December 3, 2010, is dismissed with costs. The request from the respondents for special costs award is denied. Dismissed, with costs |
|
| 2011-06-13 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-04-05 | Correspondence received from, V. Schifano dated April 5/11 re: various e-mails. Stay denied at the C/A. Has not exausted all appeal at the Ontario C/A. Wants to submit more material. | Vincenzo Salvatore Schifano |
| 2011-02-24 | Correspondence received from, D. Saverino dated Feb. 23/11 re: enclosing the response and the C/A draft order still not approved by V. Schifano | Josnic Limited |
| 2011-02-24 | Respondent's response on the application for leave to appeal, (included missing T/C judgment, order and draft C/A order), Completed on: 2011-02-25 | Josnic Limited |
| 2011-02-23 | Correspondence received from, V. Schifano re: confirming temporary address until further notice (by e-mail) | Vincenzo Salvatore Schifano |
| 2011-02-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-01-21 | Supplemental document, copy of a notice of motion filed at the Court of Appeal for Ontario | Vincenzo Salvatore Schifano |
| 2011-01-18 | Supplemental document, document from internet entitled "Our condo is insolvent" | Vincenzo Salvatore Schifano |
| 2011-01-07 | Application for leave to appeal, (service confirmed by phone) (C/A endorsement rec'd Jan. 18/10) (T/C judgment dated July 15/10 and Order and Draft C/A Order included in the response) (final C/A order missing), Completed on: 2011-02-24 | Vincenzo Salvatore Schifano |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Schifano, Vincenzo Salvatore | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Josnic Limited | Respondent | Active |
| Ronald Crisp and Ruth Crisp | Respondent | Active |
Counsel
Party: Schifano, Vincenzo Salvatore
This party is not represented by counsel.
Party: Josnic Limited
Counsel
Woodbridge, Ontario
L4L 8K8
Telephone: (905) 856-3700
FAX: (905) 856-1213
Party: Ronald Crisp and Ruth Crisp
Counsel
Woodbridge, Ontario
L4L 8K8
Telephone: (905) 856-3700
FAX: (905) 856-1213
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Judgments and orders — Summary judgment — Appeal — Whether the Court of Appeal erred in denying an appeal of a decision granting summary judgment.
The respondents brought a motion for summary judgment in a mortgage action. They filed an affidavit proving the mortgage, the default, and the sums paid for condo fees on behalf of Mr. Schifano, the borrower. Mr. Schifano conceded that he owed the principle sum on the mortgage ($72,697.30), and that he had not made payments since September 2009. He argued that he had subsequently made some payments, but conceded that the respondents had paid $4,769.17 on account of his condo fees, but disputed claimed NSF charges, saying that they had not been proven.
Summary judgment was granted. Mr. Schifano was ordered to pay respondents $82,254.53 plus costs and to deliver up possession of mortgaged property; leave to issue a writ of possession granted. The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
Mr. Schifano ordered to pay respondents $82,254.53 plus costs and to deliver up possession of mortgaged property; leave to issue a writ of possession granted
Court of Appeal for Ontario
C52571, 2010 ONCA 815
Appeal dismissed with costs
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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