SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

ALIREZA GHASEMPOOR

Plaintiff

-AND-

DSM LEASING LTD

Defendant

BEFORE: F.L. Myers J.

READ: December 7, 2015

endorsement

[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of counsel for the defendant under subrule 2.1.01(6).

[2] In his very brief statement of claim, the plaintiff seems to be claiming that in making a demand for payment under an equipment lease, the defendant miscalculated the amount outstanding by ignoring the down payment, monthly payments, and returned equipment. As brief as it is, it sets out a cognizable cause of action. Moreover, there is no reason on the face of the pleading to fear abuse of a regular motion process to resolve the matter. An accounting for Mr. Ghasempoor’s lease can be appended to a brief affidavit on a motion for summary judgment to allow a court to receive evidence of Mr. Ghasempoor’s concerns and his proof that he suffered compensable damages.

________________________________ F.L. Myers J.

Date: December 7, 2015