Court File and Parties
CITATION: LCT Investment Group Ltd. v. Halla Canada Inc., 2021 ONSC 4149
DIVISIONAL COURT FILE NO.: 355/21
DATE: 20210608
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: LCT Investment Group Ltd., Plaintiff/Responding Party
AND:
Halla Canada Inc., Belstar Realty Ltd., Belstar Inc. and Asim Rafiuddin, Defendants/Moving Party
AND BETWEEN:
Halla Canada Inc., Belstar Realty Ltd., Belstar Inc., and Asim Rafiuddin, Plaintiffs by Counterclaim/Moving Party
AND:
LCT Investment Group Ltd., Keith Ly, Joun Yong Tsang, Gary Tsang, Nin Yu Cao and Yong Liu, Defendants by Counterclaim/Responding Parties
BEFORE: Penny, Sutherland and Favreau JJ.
COUNSEL: Asim Rafiuddin, the Moving Party, representing himself
Dillon Collett, counsel for the Responding Parties LCT Investment Group Ltd., Joun Yong Tsang, Gary Tsang, Nin Yu Cao and Yong Liu
Ron Chapman, for Halla Canada Inc., Belstar Realty Ltd. and Belstar Inc
HEARD in writing
DECISION ON MOTION FOR LEAVE TO APPEAL
[1] The trial in this matter is scheduled to start on June 14, 2021. It is peremptory on Mr. Rafiuddin.
[2] Mr. Rafiuddin seeks to bring a motion for leave to appeal from endorsements of Dunphy J. dated April 23, 2021 and D. Wilson J. dated April 28, 2021 refusing Mr. Rafiuddin’s requests to adjourn the trial date.
[3] In a case management endorsement dated May 28, 2021, Favreau J. directed as follows:
Given the upcoming trial date and Mr. Rafiuddin’s position that he could not complete his materials on the motion for leave to appeal until the week of June 7th, I am not requiring the respondents to prepare responding materials at this time and make the following direction:
a. Mr. Rafiuddin is to serve his materials on the motion for leave to appeal on the respondents’ counsel and upload them to CaseLines by no later than June 7, 2021 at 4:00 pm; and
b. The materials will be placed before a panel of the Divisional Court as soon as practicable, after which the panel will provide directions on whether responding materials are required or whether the matter will be decided without the need for responding materials. The panel will endeavor to decide the motion or give directions for responding materials by no later than June 9, 2021. (Emphasis added.)
[4] Despite this direction, Mr. Rafiuddin did not upload any materials to CaseLines by the deadline set by the Court. In the circumstances, having particular regard to the imminent trial date, the motion for leave to appeal is dismissed.
[5] Given that the respondents were not required to respond to the motion, no order is made as to costs.
Penny J.
Sutherland J.
Favreau J.
Date: June 8, 2021