cv 1S~'S~V I&~ Court File No.

Transcription

1 cv 1S~'S~V I&~ Court File No. ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: (Court seal) METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 933 Plaintiff - and- ICC PROPERTY MANAGEMENT LTD., and MASSIMO MUSSO Defendants NOTICE OF ACTION TO THE DEFENDANT A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Defendant. The claim made against you is set out in the statement of claim served with this notice of action. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiffs lawyer or, where the Defendant does not have a lawyer, serve it on the Defendant, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this notice of action is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 188 prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.

2 2. TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not been set down for trial or terminated by any means within five years after the action was commenced unless otherwise ordered by the court..s. Riccio Registr,9.r Date November 10, 2015 Issued by Local registrar Address of 393 University Ave. - 10th Fl. court office Toronto, ON MSG 1E6 TO: ICC PROPERTY MANAGEMENT LTD Denison Street # 15 Markham, ON L3R 3Y4 MASSIMO MUSSO 2388 Coronation Dr. Oakville, Ontario L6H7N2

3 3. CLAIM 1. The Plaintiffs claim is for: (a) Damages in the amount of $900,000 for breach of contract, negligence, breach of trust, breach of fiduciary duty, unjust enrichment, conversion, and fraud; (b) Pre- and post-judgment interest in accordance with the Courts of Justice Act, R.S.O c. C.43. ( c) Cost on a substantial indemnity basis; and, ( d) such further and other relief as this Honourable Court deems just. 2. The Plaintiff, Metropolitan Toronto Condominium Corporation No. 933 ("MTCC 933") is a condominium corporation, located in Toronto, Ontario, created by registration of its declaration (the "Declaration") on or about around November 29, MTCC 933 and all of its owners operate under and are bound by the Condominium Act, 1998, S.O c. 19 (the "Act"). 4. Notice of this action was sent to all owners ofmtcc 933 on or about November 9, The defendant ICC Property Management Ltd. ("ICC") is an Ontario corporation and at all relevant times the property manager of MTCC The defendant Massimo Musso ("Musso") is an Ontario resident. At all relevant times Musso was employed by ICC to be the on-site property manager of MTCC 933.

4 4. November 10, 2015 SHIBLEY RJGHTON LLP Barristers & Solicitors University A venue Toronto, ON M5H 3E5 John De Vellis (45629V) john.devellis@shibleyrighton.com Tel: Fax: Lawyers for the Plaintiff

5 METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 933 Plaintiff - and- ICC PROPERTY MANAGEMENT LTD., et. al. Defendants Court File No. cv-,s-sv 01 &l/ ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT TORONTO t, NOTICE OF ACTION SHIBLEY RIGHTON LLP Barristers & Solicitors University A venue Toronto, ON M5H 3E5 John De Vellis ( 45629V) john.devellis@shibleyrighton.com Tel: Fax: Lawyers for the Plaintiff, Metropolitan Toronto Condominium Corporation No. 933