872899 Ontario Inc. v. Iacovoni, (1997) 34 O.T.C. 81 (GD)

• Judge: Pitt, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 20, 1997
• Jurisdiction: Ontario
• Citations: (1997), 34 O.T.C. 81 (GD)

872899 Ont. Inc. v. Iacovoni (1997), 34 O.T.C. 81 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. JL.075

872899 Ontario Inc. (plaintiff) v. Paul Iacovoni and Jacqueline Iacovoni (defendants)

(Court File No. 40397/96)

Indexed As: 872899 Ontario Inc. v. Iacovoni

Ontario Court of Justice

General Division

Pitt, J.

July 22, 1997.

Summary:

The vendor's assignee sued the purchasers respecting a claim arising out of the agreement to purchase real estate. The purchasers moved for an order striking out the statement of claim on the ground, inter alia, that it was statute-barred (under the six-year limitation period). The vendor's assignee claimed that the agreement to purchase was a specialty and a 20 year limitation period applied.

The Ontario Court (General Division), in a decision reported at 26 O.T.C. 68, held that the agreement was not a specialty and the six year limitation period applied. The court dismissed the action. Subsequently, the court released the following addendum respecting costs.

Practice - Topic 7020

Costs - Party and party costs - Entitlement to party and party costs - Successful party - General principles - See paragraphs 1 to 5.

Counsel:

Howard D. Gerson, for the plaintiff;

Theresa R. Simone, for the defendants.

This motion was heard on March 20, 1997, before Pitt, J., of the Ontario Court (General Division), who released judgment on May 7, 1997 and released the following addendum on July 22, 1997.