Court File and Parties

CITATION: Nirmalendram v. Husbands 2021 ONSC 1518

DIVISIONAL COURT FILE NO.: 492/20,

DATE: 20210301

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: VIGNESWARI NIRMALENDRAN, VELATHAM NIRMALENDRAN AND NISURAN NIRMALENDRAN, PlaintiffS/Moving Parties

AND:

CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. and t.e.c. leaseholds limited, Defendants/Responding Parties

RE: KING ARSAL NIRMALENDRAN-MORGAN, a minor by his Ltigiation Guardian, DONIKA SHEYANNE MORGAN and DONIKA SHEYANNE MORGAN, PlaintiffS/Moving Parties

AND:

CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. and t.e.c. leaseholds limited, Defendants/Responding Parties

RE: IDIL ABDULLAHI HASSAN, AMRAN ABDULLAHI HASSAN and ABDULLAHI ROBLE, PlaintiffS/Moving Parties

AND:

CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. and t.e.c. leaseholds limited, Defendants/Responding Parties

RE: CONNOR STEVENSON, a minor by his Litigation Guardian CRAIG STEVENSON, CRAIG STEVENSON, JO-ANNE FINNEY and TAYLOR STEVENSON, PlaintiffS/Moving Parties

AND:

CHRISTOPHER HUSBANDS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE ATTORNEY GENERAL , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, TORONTO POLICE SERVICES BOARD, HAMILTON POLIVE SERVICES BOARD, SURETY MARLON HUSBANDS, SURETY ANN-MARIE CAMPBELL, ONTREA/TEC ACQUISITION LIMITED, CF/TEC ACQUISITION LIMITED, ONTREA/TEC HOLDINGS INC., CF/TEC HOLDINGS INC., CADILLAC FAIRVIEW CORPORATION LIMITED, ONTREA INC. AND T.E.C. LEASEHOLDS LIMITED, Defendants/Responding Parties

BEFORE: Penny, Kristjanson and Favreau JJ.

COUNSEL: Paul Pape and Brodie Noga, for the Plaintiffs/Moving Parties

Ian A. Mair, Bronwyn Martin and Mirel Giugaru, for the Defendants/Responding Parties, ONTREA/TEC Acquisition Limited, CF/TEC Acquisition Limited., ONTREA/TEC Holdings Inc., CF/TEC Holdings Inc., Cadillac Fairview Corporation Limited, ONTREA Inc. and T.E.C. Leaseholds Limited

Kevin McGiveney, David Elman and Samanthan Bonanno, for the Defendant/Responding Party Toronto Police Services Board

HEARD in writing

Endorsement

[1] The plaintiffs’ motions for leave to appeal the October 9, 2020 and November 6, 2020 orders of Pinto J. (unreported) are granted.

[2] Costs of the motions for leave to appeal are fixed at $10,000 and shall be payable at the discretion of the panel hearing the appeal.

[3] Counsel are to contact the Divisional Court within 7 days of receipt of this endorsement to obtain a date for a case conference with Favreau J. for the purpose of scheduling the appeal.

Penny J.

Kristjanson J.

Favreau J.

Date: March 1, 2021