CITATION : Virdo v. Virdo, 2013 ONSC 6235 DIVISIONAL COURT FILE NO.: 433/13 DATE: 20131004 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: ) ) ONOFRIO VIRDO Applicant – and – ANNA VIRDO, MADDALENA FALLICO and DOMENIC VIRDO Respondents )) )) )) )) )))) Nathaniel Erskine-Smith , for the Applicant, Onofrio Virdo Peter A. Grunwald , for the Respondent, Domenic Virdo Melvyn L.

Solmon , Agent for Anna Messina ) ) ) HEARD at Toronto: October 4, 2013 PARDU J. (ORALLY) [ 1 ] This motion for leave and for a stay is not properly before the court, as two elements of the order of Greer J. were final orders: Firstly, the order removing Anna Virdo as executor and Secondly, the order requiring her to vacate the home which is part of the estate. [ 2 ] As time still remains to bring the appeal and stay motion in the appropriate court, there is no point in keeping this motion outstanding. [ 3 ] Motion dismissed. [ 4 ] Costs to each respondent fixed at $1,000 for Onofrio Virdo and $1,500 for Domenic Virdo, all in, inclusive of disbursements and HST.

I have differentiated between the respondents because one counsel prepared a factum for this motion. Costs payable in 30 days. PARDU J.

Date of Reasons for Judgment: October 4, 2013 Date of Release: October 7, 2013 CITATION : Virdo v. Virdo, 2013 ONSC 6235 DIVISIONAL COURT FILE NO.: 433/13 DATE: 20131004 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT PARDU J. BETWEEN: ONOFRIO VIRDO Applicant – and – ANNA VIRDO, MADDALENA FALLICO and DOMENIC VIRDO Respondents ORAL REASONS FOR JUDGMENT PARDU J. Date of Reasons for Judgment: October 4, 2013 Date of Release: October 7, 2013