Pachino Construction Co. Ltd v. Mizzi, 2017 ONSC 6947 (CanLII)
The defendants moved unsuccessfully for summary judgment (2017 ONSC 6430). The defendant Enzo Mizzi owes the plaintiff $416,000 on a judgment that was given in 1999.
The plaintiff owes the defendants $69,000 costs for another action from 2007. The plaintiff seeks a declaration that it can set off the $69,000 against the $416,000. In refusing summary judgement I held that this is a genuine issue that requires a trial.