DATE: 20040309
DOCKETS: C38638 and C38629
COURT OF APPEAL FOR ONTARIO
| RE: | HILLTOP GROUP LIMITED, LORNE WILSON and JOANNE WILSON (Plaintiffs/Respondent) -and- FRANK KATANA, LJUBICA KATANA, DAMIJAN GRUDEN, MILA GRUDEN, M.A.K. SHOES INC., SNELCREST GARDENS INC., MELLOW GARDENS DEVELOPMENT INC., 797820 ONTARIO LIMITED and THE KATANA FAMILY TRUST (Defendants/Appellants) |
| AND RE: | M.A.K. SHOES INC., SNELCREST GARDENS INC., MELLOW GARDENS DEVELOPMENT INC. and 797820 ONTARIO LIMITED (Plaintiffs by Counterclaim/Appellants) -and- HILLTOP GROUP LIMITED, LORNE WILSON, JOANNE WILSON and RAY DIBATTISTA and WEST MAYFIELD DEVELOPMENTS LTD., LUIGI GAMBIN and DIBATTISTA * GAMBIN DEVELOPMENTS LTD. (Defendants by Counterclaim/Respondents) |
| AND RE: | THE KATANA FAMILY TRUST (Plaintiff by Counterclaim/Appellant) -and- HILLTOP GROUP LIMITED, LORNE WILSON and JOANNE WILSON (Defendants by Counterclaim/Respondents) |
| BEFORE: | LABROSSE, LASKIN and GOUDGE JJ.A. |
| COUNSEL: | Thomas G. Heintzman, Q.C., V. Ross Morrison and Junior Sirivar for the defendants (appellants)/plaintiffs by counterclaim (appellants) M.A.K. Shoes Inc., Snelcrest Gardens Inc., Mellow Gardens Development Inc. and 797820 Ontario Limited |
| Chris Dockrill for the defendant (appellant)/plaintiff by counterclaim (appellant) The Katana Family Trust | |
| Robert Malenfor the plaintiff (respondent) Hilltop Group Limited and for the defendants by counterclaim (respondents) Hilltop Group Limited and Ray DiBattista | |
| Raymond H. Raphael for the defendants by counterclaim (respondents) Luigi Gambin, West Mayfield Developments Ltd. and DiBattista*Gambin Developments Limited | |
| HEARD & ENDORSED: | March 9, 2004 |
| On appeal from the judgments of Justice Susan E. Greer of the Superior Court of Justice dated June 20, 2002, October 24, 2002 and February 20, 2003. | |
APPEAL BOOK ENDORSEMENT
[1] The appeal is settled. The monies ($1.5 million) held in trust pursuant to the order of Greer J. dated September 18, 2001 are to be transferred forthwith to Goldman Sloan in trust pending further order.
[2] Necessary consents will be filed to give effect to the Minutes of Settlement.
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