Monaco v. Capalbo
MICHAEL MONACO
Law Firm / Organization
Not Specified
Lawyer(s)

Benjamin Jeffries

13440800 CANADA INC.
Law Firm / Organization
NuriLaw Professional Corporation
Lawyer(s)

David Nuri

KLAUDIA CAPALBO aka KLAUDIA ZINATY aka KLAUDIA ZINATY-CAPALBO
Law Firm / Organization
NuriLaw Professional Corporation
Lawyer(s)

David Nuri

THE WOMEN EMPOWERMENT FOUNDATION
Law Firm / Organization
NuriLaw Professional Corporation
Lawyer(s)

David Nuri

WOMEN’S EMPOWERMENT AWARD LTD.
Law Firm / Organization
NuriLaw Professional Corporation
Lawyer(s)

David Nuri

Background:

  • Relationship: Monaco and Capalbo were business partners and romantic partners.
  • Conflict: They are now litigating due to both personal and business disputes.

Key Points:

  1. Urgency: The motion for injunction was expedited due to its urgent nature.
  2. Legal Proceedings: Pleadings closed with the statement of claim, defense, and counterclaims exchanged between April and June 2024.
  3. Consent Order: An interim order issued on June 14, 2024, addressed pressing financial issues, such as the regularization of the TWEF and 134 bank account, and authorized certain expenditures by Capalbo.

Capalbo's Requests:

  • Defamation: Restraining Monaco from disseminating defamatory statements.
  • Non-communication: Preventing Monaco from contacting or approaching Capalbo.
  • Access to Funds: Permission to access funds for personal salary, compensation for her son, taxes, and expenses for the Women Empowerment Awards.

Court's Findings:

  • Defamation Issues: Already settled by consent; thus, not addressed further.
  • Urgency of Salary Payment: Not considered urgent and will be resolved later.
  • Increased Expense Limit: Court granted the increase of accessible funds from $130,000 to $200,000 for event-related expenses.
  • Restraining Order: Denied due to lack of evidence of imminent threat or harm. Incidents cited were not deemed sufficient to warrant such an order.

Outcome:

  • Mixed Outcome: Neither party was fully successful. Some of Capalbo’s requests were granted, while others were denied. The court increased the expense limit Capalbo could access but denied her requests for a salary payment and a restraining order against Monaco.
  • Costs: To be determined in the cause. No amount was specified in the decision.

 

Superior Court of Justice - Ontario
CV-24-00718621-0000
Corporate & commercial law
$ 200,000