Court File and Parties
DIVISIONAL COURT FILE NO.: 492/20,
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: VIGNESWARI NIRMALENDRAN, VELATHAM NIRMALENDRAN AND NISURAN NIRMALENDRAN, PlaintiffS/Moving Parties
AND:
CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. and t.e.c. leaseholds limited, Defendants/Responding Parties
RE: KING ARSAL NIRMALENDRAN-MORGAN, a minor by his Ltigiation Guardian, DONIKA SHEYANNE MORGAN and DONIKA SHEYANNE MORGAN, PlaintiffS/Moving Parties
AND:
CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. and t.e.c. leaseholds limited, Defendants/Responding Parties
RE: IDIL ABDULLAHI HASSAN, AMRAN ABDULLAHI HASSAN and ABDULLAHI ROBLE, PlaintiffS/Moving Parties
AND:
CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. and t.e.c. leaseholds limited, Defendants/Responding Parties
RE: CONNOR STEVENSON, a minor by his Litigation Guardian CRAIG STEVENSON, CRAIG STEVENSON, JO-ANNE FINNEY and TAYLOR STEVENSON, PlaintiffS/Moving Parties
AND:
CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. AND T.E.C. LEASEHOLDS LIMITED, Defendants/Responding Parties
BEFORE: Penny, Kristjanson and Favreau JJ.
COUNSEL: Paul Pape and Brodie Noga, for the Plaintiffs/Moving Parties
Ian A. Mair, Bronwyn Martin and Mirel Giugaru, for the Defendants/Responding Parties, ONTREA/TEC Acquisition Limited, CF/TEC Acquisition Limited., ONTREA/TEC Holdings Inc., CF/TEC Holdings Inc., Cadillac Fairview Corporation Limited, ONTREA Inc. and T.E.C. Leaseholds Limited
Kevin McGiveney, David Elman and Samanthan Bonanno, for the Defendant/Responding Party Toronto Police Services Board
HEARD in writing
Endorsement
1The plaintiffs’ motions for leave to appeal the October 9, 2020 and November 6, 2020 orders of Pinto J. (unreported) are granted.
2Costs of the motions for leave to appeal are fixed at $10,000 and shall be payable at the discretion of the panel hearing the appeal.
3Counsel are to contact the Divisional Court within 7 days of receipt of this endorsement to obtain a date for a case conference with Favreau J. for the purpose of scheduling the appeal.
Penny J.
Kristjanson J.
Favreau J.
Date: March 1, 2021