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Marmak Holdings v. Iris Capital
The case of Marmak Holdings v. Iris Capital, dated September 26, 2023, involved plaintiff Marmak Holdings, who had been represented by the vendor. They had sought summary judgment to recover $250,000 from the defendant, Iris Capital Inc., concerning a property known as 31-35 Maplecrete Road in Vaughan, Ontario. This sum had represented half of a $500,000 deposit owed by Iris under an Agreement of Purchase and Sale dated August 20, 2019. The court had considered the case, acknowledging its complexity and numerous unresolved questions. It had concluded that several genuine issues had required a trial, including issues related to notice provisions, the enforceability of the agreement, the nature of Iris's decision not to proceed, and more. Therefore, summary judgment had not been appropriate. The court had emphasized the need for a fair and just adjudication, indicating that a trial had been necessary to resolve these issues. It had dismissed the motion for summary judgment and had set a virtual case conference to discuss the next steps, including costs, trial preparation, and dates
MARMAK HOLDINGS INC
Law Firm / Organization
Not specified
Lawyer(s)

M. Kersten

IRIS CAPITAL INC ETC. INC
Law Firm / Organization
Not specified
Lawyer(s)

M. Drudi

ROBERT MASTROGIUSEPPE
Law Firm / Organization
Not specified
Lawyer(s)

M. Drudi

EDDY MASTROGIUSEPPE
Law Firm / Organization
Not specified
Lawyer(s)

M. Drudi

Superior Court of Justice - Ontario
CV-19-142636-0000
Civil litigation
Not specified/Unspecified
Defendant