Court File and Parties

CITATION: Soleimani v. Karimi., 2023 ONSC 710

DIVISIONAL COURT FILE NO.: 22-1292 (Oshawa)

DATE: 20230127

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: AZADEH SOLEIMANI, Applicant (Respondent in Appeal)

AND: HAMIDREZA KARIMI, Respondent

AND: PUYA KARIMI, Respondent (Appellant)

BEFORE: Lococo, Leiper and Hooper JJ.

COUNSEL: Rick Bickhram, for the Applicant (Respondent in Appeal) Meysa Maleki and Nadine Sabah, for the Respondent (Appellant)

HEARD: January 27, 2023

Endorsement

[1] The appeal by Puya Karimi from the orders of Healey J. dated January 7, 2022, and January 11, 2022, came before the court today for a hearing. With prior notice by e-mail the previous afternoon, counsel were asked to address the preliminary question of jurisdiction. The issue raised was whether the Divisional Court has jurisdiction to hear the appeal, whether under s. 19(1)(a.1) of the Courts of Justice Act, R.S.O. 1990, c. C.43, or some other basis.

[2] After brief oral submissions, the court determined that further written submissions would be required in order to decide this issue. The requested submissions will address (i) the jurisdiction question, and (ii) whether, if the Divisional Court does not have jurisdiction, the appeal should be transferred to the Court of Appeal for Ontario under s. 110(1) of the Courts of Justice Act.

[3] Counsel for each side is directed to provide written submissions by February 28, 2023. Each side may provide responding written submissions by March 14. 2023.

[4] The appeal is adjourned sine die, with the return date to be addressed in the decision on jurisdiction.

Lococo J.

Leiper J.

Hooper J.

Released: January 27, 2023