Court File and Parties

CITATION: Zahran v. Al-Ebadi, 2010 ONCA 267

DATE: 20100413

DOCKET: C50308

COURT OF APPEAL FOR ONTARIO

Goudge, MacFarland and LaForme JJ.A.

BETWEEN:

Raika Zahran

Plaintiff (Appellant)

and

Zeki Al-Ebadi and Emman Zahran Ben-Jamil

Defendants (Respondents)

Counsel: Mario Mannarino, for the appellant Martin J. Thompson, for the respondents

Heard and released orally: March 31, 2010

On appeal from the judgment of Justice Stanley J. Kershman of the Superior Court of Justice dated March 13, 2009.

ENDORSEMENT

[1] The appellant no longer challenges the ownership determination made by the trial judge. She does however challenge the sale of the taxi plate ordered by the trial judge on the basis that no party asked that the plate be sold, or called evidence as to why it should be sold, and if so, who should be entitled by it. Nor was any argument made by any party on these issues.

[2] We agree with the appellant. By proceeding to order the sale entirely on his own motion without notice to the parties and without giving reasons as to why he was doing so, the trial judge denied the appellant a fair hearing on this issue. His inherent jurisdiction does not extend that far.

[3] We therefore allow the appeal to set aside para. 5 of the order appealed from ordering the sale. The appeal is otherwise dismissed. The appellant has been partially successful on an important issue. Costs of the appeal to the appellant fixed at $5,000 inclusive of disbursements and G.S.T.

“S.T. Goudge J.A.”

“J. MacFarland J.A.”

“H.S. LaForme J.A.”