Court of Appeal for Ontario
Date: 2019-08-22
Docket: M50400 (C65716)
Panel: Paciocco, Harvison Young and Zarnett JJ.A.
Between
2256157 Ontario Ltd. Plaintiff (Respondent on Appeal)
and
Hafeez Fazl also known as Fazl Hafeez Defendant (Appellant on Appeal)
Counsel
Hafeez Fazl, in person
Dina Peat, for the respondent
Heard and released orally: August 16, 2019
Reasons for Decision
[1] A party seeking to set aside a decision pursuant to Rule 37.14(b) based on the absence of notice of the hearing must, as a necessary condition to obtaining that relief, prove that non-attendance was the result of accident or mistake. Mr. Fazl has not done so.
[2] He asserts that he did not attend his March 29, 2019 appeal hearing because he did not receive notice but a court letter of November 13, 2018 setting out the court date was sent to the residence address he provided, and on November 28th, 2018 the respondent's materials also setting out the date were successfully delivered by courier to that address and he was sent the same materials by email to the address he had provided to the court.
[3] Mr. Fazl has a history of delay. Justice Lederer found in a prior related proceeding that two claims made by Mr. Fazl about not receiving documents, were untrue. Mr. Fazl has not demonstrated a plausible explanation for why he would not have received the multiple notices sent.
[4] The motion to set aside the decision of this court is denied. Costs are payable on this motion to the respondent in the amount of $4,471.86 inclusive of all applicable taxes and disbursements.
David M. Paciocco J.A. Harvison Young J.A. B. Zarnett J.A.