CITATION: Mortazavi v. Toronto Standard Condominium Corporation 2048, 2023 ONSC 7180
DIVISIONAL COURT FILE NO.: 139/23 & 169/23
DATE: 20231219
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Stewart, Matheson and Nieckarz JJ.
BETWEEN:
HOUMAN MORTAZAVI
Applicant/Appellant
– and –
TORONTO STANDARD CONDOMINIUM CORPORATION 2048
Respondent
Self-represented Applicant/Appellant
Megan Mackey, for the Respondent
HEARD at Toronto: December 19, 2023 by Video-Conference
STEWART J. (ORALLY)
[1] Despite the fact that we are of the view that Mr. Mortazavi was made aware of today’s date for the hearing of these matters, we nevertheless are prepared to allow his request for an adjournment but on terms designed to ensure that any new date scheduled for the hearing will take place and to provide some compensation by way of costs thrown away to the Respondent in these matters.
[2] So, we are prepared to adjourn the judicial review and the appeal to be heard together virtually on the 28th of February 2024. I should ask Ms. Mackey if that is a date that is convenient for you.
[3] With that date in mind, which is to be peremptory to the applicant/appellant in this matter, he shall serve, file and upload his materials to CaseLines including his factum by no later than January 19, 2024. Any responding materials to be provided on behalf of the Respondent are to be served, filed and uploaded by no later than the 12th of February, 2024.
[4] Costs thrown away in the amount of $500 shall be paid by the Applicant/Appellant to the Respondent by no later than the 2nd of January 2024. The Applicant/Appellant shall pay to the Accountant of the Superior Court of Justice by the 2nd of January 2024 the sum of $5,000 to be held by it pending further order of the Court or the consent of the parties.
[5] If either payment is not made by the date imposed, the Respondent may move in writing to quash both the judicial review and the appeal.
[6] By the 2nd of January 2024, the Applicant/Appellant shall provide the Respondent and the Divisional Court Office with written confirmation of the authorization by him of these proceedings.
[7] This ruling and the details of the terms imposed by the Court will be reduced to writing and they will be transcribed and sent to both parties. In light of what you told us earlier, Mr. Mortazavi, please be certain that you keep alert/an eye out to receive and deal with that ruling and the terms attached to it and also that you make appropriate efforts to ensure that you receive and respond to any further communications via email from the Court.
Stewart J.
I agree
Matheson J.
I agree
Nieckarz J.
Date of Reasons for Ruling: December 19, 2023
Date of Release: December 21, 2023
CITATION: Mortazavi v. Toronto Standard Condominium Corporation 2048, 2023 ONSC 7180
DIVISIONAL COURT FILE NO.: 139/23 & 169/23
DATE: 20231219
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Stewart, Matheson & Nieckarz JJ.
BETWEEN:
HOUMAN MORTAZAVI
Applicant/Appellant
– and –
TORONTO STANDARD CONDOMINIUM CORPORATION 2048
Respondent
ORAL REASONS FOR RULING
STEWART J.
Date of Reasons for Ruling: December 19, 2023
Date of Release: December 21, 2023