Court of Appeal for Ontario
Date: 20230712 Docket: M54211 (COA-22-CV-0453)
Before: Doherty, Feldman and Roberts JJ.A.
Between:
9383859 Canada Ltd. Plaintiff (Appellant/Moving Party)
And:
Musab Saeed, Mian Imran Saeed, Nirmalarajah Gunarajah, Viveka Ramesh, Mohinder Sansoye, Ramesh Senthilnathan, Kubeskaran Navaratnam, Ronald Lachmansingh and Marilyn Reiter-Nemetz Defendants (Respondents/Responding Parties)
Counsel: Sandeep Singh, acting in person for 9383859 Canada Ltd. Mark A. Russell, for the responding parties Musab Saeed and Mian Imran Saeed Shawn Tock, for the responding parties Nirmalarajah Gunarajah, Viveka Ramesh, Mohinder Sansoye and Ramesh Senthilnathan
Heard and released orally: July 7, 2023
Reasons for Decision
[1] We impressed upon the appellant our limited role in reviewing the order of Miller J.A., the motion judge. The appellant eventually focused on what he alleged were two material factual errors by the motion judge. The appellant referred to two amounts, a deposit of $50,000 paid in reference to the purchase agreement, and a further deposit of $38,420 paid in reference to the assignment. The appellant contends that both funds are available to the respondents and should satisfy any security concerns.
[2] The appellant’s entitlement to both amounts was vigorously challenged by the respondents and those amounts were issues in the action which was dismissed and is now under appeal. Those amounts provide no basis upon which to deny a security for costs claim. They are part of the underlying litigation.
[3] The motion judge’s reasons demonstrate a proper application of the relevant legal principles to the facts. There is no reason to set aside the order of the motion judge. The motion is dismissed.
[4] The date set for payment of security for costs by Miller J.A. of March 8, 2023 is the operative date. There is no extension of the March 8, 2023 date.
[5] Costs awarded to each set of the respondents in the amount of $7,200, inclusive of disbursements and HST.
“Doherty J.A.”
“K. Feldman J.A.”
“L.B. Roberts J.A.”