Conti v. Daytona Auto Centre Ltd.
Massimo Conti
Law Firm / Organization
Zeppieri & Associates
John Duca
Law Firm / Organization
Not Specified
Joseph Duca
Law Firm / Organization
Self Represented
Daytona Auto Centre Ltd.
Law Firm / Organization
Not Specified
Sergo Grillone
Law Firm / Organization
Self Represented
  1. August 19, 2024 - ONSC 4564

    • Massimo Conti, the appellant, alleged that the respondents (Daytona Auto Centre Ltd. and the Duca family) promised to transfer a property to him as part of an employment agreement. He claimed that after leaving his job, the respondents tried to sell the property, leading him to file for a certificate of pending litigation (CPL) to prevent the sale.
    • The court vacated the CPL due to:
      • Non-disclosure of material facts by Conti's counsel.
      • Inaccuracies in the affidavit and evidence.
      • Improper service of notice for the initial CPL hearing.
    • Conti's appeal was dismissed, and the CPL was discharged?.
  2. October 11, 2024 - ONSC 5677

    • The court addressed the cost submissions. The respondents (the Duca family) and the intervenor, Sergio Grillone, who had a financial interest in the case, were awarded modest costs.
    • Conti was ordered to pay:
      • $2,500 to the respondents (Duca).
      • $2,500 to Grillone.
    • The court rejected claims for higher costs, finding no egregious misconduct by Conti’s counsel but acknowledged the delay and inconvenience caused to the respondents?.

Final Outcome: Conti’s appeal was dismissed, the CPL was vacated, and he was ordered to pay a total of $5,000 in costs. The property could be sold, allowing Grillone to recover his fees from the sale.

Superior Court of Justice - Ontario
CV-23-00697033
Real estate
$ 5,000
Respondent