COURT OF APPEAL FOR ONTARIO

DATE: 20260130

DOCKET: COA-24-CV-1372

Fairburn A.C.J.O., Huscroft and Zarnett JJ.A.

BETWEEN

Crescent Fesh Inc., Sheheryar Kaleem and Muhammad Asif

Applicants (Respondents)

and

Pivotal Fine Homes Ltd., Atique Khan and Awais Rabbani*

Respondents (Appellant*)

Warren S. Rapoport, for the appellant

Emraan Dharsi, for the respondents

Heard and rendered orally: January 26, 2026

On appeal from the judgment of Justice Ranjan K. Agarwal of the Superior Court of Justice, dated November 18, 2024.

REASONS FOR DECISION

[ 1 ] The parties were shareholders in or creditors of Pivotal Fine Homes Ltd., a special purpose vehicle to develop residential homes. The appellant agreed to a share transfer and to amend two loan agreements regarding funds that had been advanced to Pivotal. He did not honour those obligations.

[ 2 ] The respondents brought an application for judgment under rr. 14.05(3)(d) and (h) of the Rules of Civil Procedure , R.R.O. 1990, Reg. 194. The application was granted. This is an appeal from that order.

[ 3 ] The appeal is predicated on a fresh evidence application and on the ability of the appellant to raise new arguments on appeal. This is really an attempt to relitigate this matter afresh in this court. In our view, the test for fresh evidence is not met, nor is this a case where leave should be granted to raise new issues on appeal. The appellant does not argue there is an error in the application judge’s decision independent of the new issues raised.

[ 4 ] The appeal is dismissed.

[ 5 ] Costs will be paid to the respondent in the amount of $15,000, all inclusive.

“Fairburn A.C.J.O.”

“Grant Huscroft J.A.”

“B. Zarnett J.A.”