Court of Appeal for Ontario
Date: September 2, 2025 Docket: COA-25-CV-0305 Judges: Miller, Zarnett and Madsen JJ.A.
Between
Maryam Furney*, Alex Furney, Estate Of Mary Mamlekat Adhami And Albert Paul Mifsud Plaintiffs (Appellant*)
and
TT5 Inc., Steve Chan AKA Chi-Nam, Constable Salvatore Demerling, Katlyn Ann Demerling, Nicholas Ajram, Michael Poon, Frank Pa, Garry Barankin, Chetcuti De Rubeis, Canadian Imperial Bank of Commerce*, Niagara Regional Police Service, Paul Mand, Steve Hazan, 2380376 Ontario Limited, Ian Minton, 2137073 Ontario Inc., Ann Downie, Arye Lankar, Lina Balian, Shawn Gabriel, Elena Keimakh, Emilio Bisceglia, Ryan Atkinson, Jordan Sobel, Samir Chhina, Richard Keith Watson and Daniel W. Borowski Defendants (Respondent*)
Counsel
Maryam Furney, acting in person
Elizabeth Kurz, for the respondent
Heard and Released
Heard and released orally: September 2, 2025
On appeal from: the order of Justice James A. Ramsay of the Superior Court of Justice, dated December 2, 2025.
Reasons for Decision
[1] The respondent CIBC concedes that the appellant was not provided with the opportunity to make submissions in response to the CIBC's rule 2.1.01 motion.
[2] The appeal is granted and the order is set aside. The motion is remitted to the Superior Court to be heard by another judge.
[3] We make no determination as to the merits of the other grounds of appeal raised by the appellant and the appellant is free to renew those arguments before the judge hearing that motion.
[4] There shall be no costs of the appeal.
"B.W. Miller J.A."
"B. Zarnett J.A."
"L. Madsen J.A."