Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 2023-09-15 Docket: M53663 (C68974)

Before: Pardu, Roberts and Miller JJ.A.

Between:

Alireza Ghasempoor Plaintiff/Defendant by Counterclaim (Moving Party/Appellant)

And

ICapital Financial Services Corp. Defendant/Plaintiff by Counterclaim (Responding Party/Respondent)

And

Atciti Corp. Third Party (Moving Party/Appellant)

Counsel

For the Moving Parties/Appellants (Alireza Ghasempoor and Atciti Corp.): Alireza Ghasempoor, acting in person and for Atciti Corp.

For the Responding Party/Respondent (ICapital Financial Services Corp.): Peter Smiley

Heard: In writing

Reasons for Decision

[1] The moving parties ask this panel to reconsider its decision of January 26, 2022, dismissing their appeal. They ask that we reconsider new evidence. None of the new evidence undermines the basis for the dismissal of their appeal.

[2] It is only in very exceptional cases that a panel of this court will revisit a decision already made: First Elgin Mills Developments Inc. v. Romandale Farms Limited, 2015 ONCA 54, 381 D.L.R. (4th) 114, at paras. 7 to 10. This is not one of those exceptional cases.

[3] The motion for reconsideration is therefore dismissed with costs to the responding party fixed at $500.00.

"G. Pardu J.A."

"L.B. Roberts J.A."

"B.W. Miller J.A."