Court File and Parties
DIVISIONAL COURT FILE NO.: 22-1292 (Oshawa)
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: AZADEH SOLEIMANI, Applicant (Respondent in Appeal)
AND: HAMIDREZA KARIMI, Respondent
AND: PUYA KARIMI, Respondent (Appellant)
BEFORE: Lococo, Leiper and Hooper JJ.
COUNSEL: Rick Bickhram, for the Applicant (Respondent in Appeal) Meysa Maleki and Nadine Sabah, for the Respondent (Appellant)
HEARD: January 27, 2023
Endorsement
1The appeal by Puya Karimi from the orders of Healey J. dated January 7, 2022, and January 11, 2022, came before the court today for a hearing. With prior notice by e-mail the previous afternoon, counsel were asked to address the preliminary question of jurisdiction. The issue raised was whether the Divisional Court has jurisdiction to hear the appeal, whether under s. 19(1)(a.1) of the Courts of Justice Act, R.S.O. 1990, c. C.43, or some other basis.
2After brief oral submissions, the court determined that further written submissions would be required in order to decide this issue. The requested submissions will address (i) the jurisdiction question, and (ii) whether, if the Divisional Court does not have jurisdiction, the appeal should be transferred to the Court of Appeal for Ontario under s. 110(1) of the Courts of Justice Act.
3Counsel for each side is directed to provide written submissions by February 28, 2023. Each side may provide responding written submissions by March 14. 2023.
4The appeal is adjourned sine die, with the return date to be addressed in the decision on jurisdiction.
Lococo J.
Leiper J.
Hooper J.
Released: January 27, 2023