Executive Summary: Key Legal and Evidentiary Issues

• The Divisional Court considered a motion for leave to appeal an order made by Mandhane, J.
   
• Multiple related proceedings and parties were consolidated under this single motion.
   
• Costs of the motion were reserved to the panel that will hear the underlying appeal.
   
• No detailed reasons were provided beyond the brief endorsement granting leave.
   
• Proceedings were heard in writing rather than through an oral hearing.
   

Facts of the case

This endorsement arises from four related Superior Court of Justice proceedings — court file numbers CV-24-00002426-000, CV-24-00004549-000, CV-24-00004836-000, and CV-24-00003384-000 — involving numerous parties. These include Felice Sabatino, 2417163 Ontario Inc., Ivano Scarlato, Xhejsi Hasko (also known as JC Hasko), MA Mortgage Architects Inc. (operating as Mortgage Architects), Sarita Christine Laisingh Samaroo-Tsaktsiris, SST Law Professional Corporation, Michael Patrick Fairney, Giuseppe Triumbari (also known as Joseph Triumbari), Intercity Realty Inc., Capegrove Holdings Inc., Global Tile Contractors & Design Inc., Maria Pestana, Austin Francesco Scarlato, Bianca Scarlato, Antonio Scarlato [the caption lists this party once as "Antionio Scarato"], Mibacon Management Inc., Dominique Sabatino, and two related corporate entities [the caption lists these as "100991240 Ontario Inc." in one instance and "1000991240 Ontario Inc." in another, alongside "1000991234 Ontario Inc."]. The motion before the panel — heard in writing — sought leave to appeal an Order of Mandhane, J. dated January 12, 2026. The endorsement does not describe the underlying facts giving rise to that order.

Policy and legislative provisions at issue

The endorsement does not identify or discuss any specific statutes, legislative provisions, or contractual clauses. No such provisions are stated in the source document.

Reasoning and analysis

The panel, comprised of Matheson, Schreck, and O'Brien JJ., did not provide reasons beyond the single operative paragraph of the endorsement. The document does not explain the basis on which leave to appeal was granted, nor does it detail the substance of the underlying order or the grounds of appeal.

Ruling and overall outcome

The Divisional Court granted the motion for leave to appeal the Order of Mandhane, J. dated January 12, 2026, with costs of the motion reserved to the panel hearing the appeal. The endorsement's caption identifies Ivano Scarlato, Xhejsi Hasko (also known as JC Hasko), MA Mortgage Architects Inc. (operating as Mortgage Architects), Sarita Christine Laisingh Samaroo-Tsaktsiris, SST Law Professional Corporation, Michael Patrick Fairney, Giuseppe Triumbari (also known as Joseph Triumbari), Intercity Realty Inc., and Capegrove Holdings Inc. as the Moving Parties specifically in court file CV-24-00002426-000; the caption does not designate a moving party for the other three consolidated file numbers, listing all parties there only as Respondents to Motion. No monetary amount was ordered, granted, or awarded in this endorsement; costs of the motion were reserved rather than quantified.