COURT OF APPEAL FOR ONTARIO
DATE: 20251210
DOCKET: M56389 (COA-25-CV-0778)
Trotter, Copeland and Gomery JJ.A.
BETWEEN
Mohammad Ali Rabbani
Plaintiff (Respondent/Moving Party)
and
Alex Aidan Fitzgerald Furney also known as Alex Furney*, Maryam Furney*, and Hassan Hashemi
Defendants (Appellants/Responding Parties*)
Alex Aidan Fitzgerald Furney also known as Alex Furney, acting in person
No one appearing for the appellant/responding party, Maryam Furney
Bronwyn Martin, for the respondent/moving party
Heard and rendered orally: December 8, 2025
REASONS FOR DECISION
[1] The appellants appeal the dismissal of their motion to hold the respondents in contempt. The respondents move to quash the appeal. They contend that the dismissal order is interlocutory, and any appeal of it lies with the Divisional Court rather than this court.
[2] The respondents are correct. Based on the principles set out in Gueye v. DiNino, 2023 ONCA 342, 169 O.R. (3d) 137, at para. 8, leave to appeal refused, [2023] S.C.C.A. No. 391, the order dismissing the appellants’ motion for contempt in this case is interlocutory. Proceedings between the parties are ongoing and the appellants accordingly can take other steps to advance the allegations they made on the contempt motion.
[3] As a result, this court does not have the jurisdiction to hear this appeal. The respondent’s motion to quash is granted and the appeal is dismissed, with $1,500 in costs awarded to the respondents.
“Gary Trotter J.A.”
“J. Copeland J.A.”
“S. Gomery J.A.”