Court File and Parties

Court of Appeal for Ontario Date: 20241107 Docket: COA-24-CV-0220

Huscroft, Trotter and Dawe JJ.A.

Between

Ramin Eshtiaghi Plaintiff (Respondent)

and

Saeed Haratian also known as Saeed Hatatian Defendant (Appellant)

Counsel: Evan Tingley, for the appellant Robert S. Choi and Helena H. Na, for the respondent

Heard and released orally: November 6, 2024

On appeal from the judgment of Justice Jasmin T. Akbarali of the Superior Court of Justice, dated January 24, 2024.

Reasons for Decision

[1] This is an appeal from summary judgment ordering payment on a promissory note. The appellant defaulted on the loan after making three payments and remained in default at the time of the motion.

[2] The appellant filed no evidence on the motion. The motion judge granted summary judgment and refused to stay the execution pending resolution of a third party claim. The appellant acknowledges that counsel on the motion (not appeal counsel) should have filed the third party claim on the motion, but argues that the motion judge needed to consider the allegations in the third party claim to make an informed decision on the stay request and failed to do so.

[3] We do not agree. The respondent denied the existence of any third party agreement and deposed that his agreement with the appellant was an independent contract. This was supported by the evidence before the motion judge and she made no error in granting summary judgment and dismissing the stay request.

[4] The appeal is dismissed. The respondent is entitled to costs fixed at $5,000, all inclusive.

"Grant Huscroft J.A."

"Gary Trotter J.A."

"J. Dawe J.A."