Court of Appeal for Ontario
Date: 2017-03-30
Docket: M47202 (M47114)
Judges: Epstein, Benotto and Trotter JJ.A.
Between
RBC Direct Investing Inc. Plaintiff/Responding Party (Responding Party)
and
Saeid Noorani Defendant/Moving Party (Moving Party)
Counsel
Saeid Noorani, acting in person
Daniel Urquhart, for the responding party
Heard and released orally: March 17, 2017
Endorsement
[1] In this proceeding, the moving party, Saeid Noorani, was sued by the responding party, RBC Direct Investing Inc., for damages arising out of a margin trading account Mr. Noorani had with RBC.
[2] RBC sued Mr. Noorani in small claims court. Judgment in the amount of $5,837.15 was granted in favour of RBC as the small claims court judge found that Mr. Noorani's defence had "no basis in fact or in law". The judge further described the defence as "ill-advised, ill-informed and over-stated" and that his theories were "fantasy…a fabrication unconnected to reality."
[3] Mr. Noorani appealed. The Divisional Court dismissed his appeal. Justice Nordheimer held that Mr. Noorani had "failed to show any basis upon which this court could interfere with the factual findings made by the trial judge".
[4] Mr. Noorani attempted to appeal to this court but he failed to file his notice of motion for leave to appeal within the 15 days allotted to him under the Rules of Civil Procedure. By endorsement dated November 17, 2016, Doherty J.A. dismissed Mr. Noorani's motion for an extension of time to file a notice of motion for leave to appeal. Justice Doherty held that he was "unable to find any scintilla suggesting that the appeal has merit".
[5] The small claims court judge, Justice Nordheimer and Justice Doherty all concluded that Mr. Noorani's defence has absolutely no merit. We agree. Mr. Noorani's request that this panel review Justice Doherty's decision is therefore dismissed.
[6] In the particular circumstances of this case, approval of the order of Justice Doherty and of today's order, as to form and content, is dispensed with.
[7] Costs in favour of RBC Direct fixed in the amount of $1,500, inclusive of disbursements and HST.
Gloria Epstein J.A.
M.L. Benotto J.A.
G.T. Trotter J.A.