Court of Appeal for Ontario
Date: April 29, 2019 Docket: C66219
Judges: Tulloch, Hourigan and Fairburn JJ.A.
Between
Yahya Heydari Appellant
and
Homa Ahmadi Respondent
Counsel
Pathik Baxi and Ida Mirzadeh, for the appellant
Michael J. Stangarone and Stephen Kirby, for the respondent
Heard and released orally: April 25, 2019
On appeal from: the order of Justice Fletcher Dawson of the Superior Court of Justice, dated May 9, 2018.
Reasons for Decision
[1] The appeal is dismissed.
[2] The appellant appeals the judgment of the trial judge following an uncontested trial. He now seeks a declaration from this court to declare that the vesting order granting title of the matrimonial home was made in error, among other requests.
[3] The uncontested trial proceeded as a result of the appellant's pleadings being struck due to his non-compliance with numerous court orders, without providing any explanation for doing so.
[4] Prior to the motion to strike his pleadings, the appellant had failed to file any materials in relation to the motion despite the fact that he was granted two separate adjournments to do so.
[5] The appellant does not appeal from the order striking his pleadings, instead he says that the trial judge erred by:
- Granting the vesting order;
- Granting the respondent title to the matrimonial home;
- Granting the respondent a lump sum payment for spousal support from the sale of the matrimonial home; and
- Giving insufficient reasons.
[6] We do not agree. The appeal from the vesting order is moot because the home has been sold. In any event, we agree with the trial judge that it was an appropriate order in light of the appellant's past and repeated failures to comply with court orders. This is equally true regarding the reasons for why the trial judge ordered a lump sum payment.
[7] Finally, the reasons read as a whole, and against the entire record, explain what was decided and why. In the circumstances, we see no merit to this appeal. Accordingly, the appeal is dismissed.
[8] Costs will be payable to the respondent fixed in the amount of $10,000 and the costs will be paid from the proceeds of the appellant's portion of the sale of the matrimonial home.
"M. Tulloch J.A."
"C.W. Hourigan J.A."
"Fairburn J.A."