Court File and Parties
COURT FILE NO.: CV-19-80260
DATE: 20190626
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: SAMAD HOVEYDA, Plaintiff
AND
CHRISTOPHER A. MOORE, MICHAEL QAQUISH, MARTIN ALLARD, MARK SULLIVAN and JOHN BUCK, Defendants
BEFORE: Mr. Justice Robert N. Beaudoin
COUNSEL: Kirsten Crain/Calvin Hancock, for the Defendant, Chris Moore
HEARD: By Requisition
ENDORSEMENT
[1] This matter was referred to me by the Registrar pursuant to Rule 2.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 upon receipt of a requisition by counsel for the Defendant, Christopher A. Moore (“Moore”). They seek an order under sub-rule 2.1.01(1) dismissing this action as the Statement of Claim appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. They also seek a stay of the proceeding pending consideration of their request.
[2] I have reviewed the Statement of Claim in this matter. The Plaintiff, Samad Hoveyda (“Hoveyda”), seeks damages for defamation of property and general damages for shock and mental stress to his health as a result of the issuance of an order to comply issued by the City of Ottawa dated July 20, 2018.
[3] This litigation apparently arises out of an aborted Agreement of Purchase and Sale of Hoveyda’s property at 421 Nelson Street in Ottawa. Mr. Hamati (“Hamati”) was the prospective buyer and Moore is his lawyer. Mr. Qaquish was a city counsellor at the time. Messrs. Allard, Sullivan and Buck are all employees of the City of Ottawa.
[4] Hoveyda purchased the property in 2004, and at that time, it complied with the relevant zoning bylaws. Hoveyda decided to sell the property in 2016 and the Agreement of Purchase and Sale with Hamati was scheduled to close on October 23, 2017. The closing did not take place and ongoing litigation has ensued.
[5] Hoveyda states that Moore made an offer to settle that litigation for $25,000 on July 17, 2018. Examinations for discovery were scheduled for July 26, 2018. On July 20, 2018, the City of Ottawa issued an Order to Comply with respect to the subject property.
[6] Hoveyda claims that Moore relies on the Order to Comply to justify his client’s failure to complete the transaction. He suggests that Mr. Moore was somehow involved in the issuance of the Order to Comply because “he is a real estate lawyer with 20 years of experience and probably knows a lot of people in the city”.
[7] He then goes on to complain about Moore’s dishonesty and unethical conduct and seeks his disbarment.
[8] At all times, Moore was the lawyer for Hamati. At law, he owed no duty of care to the vendor, Hoveyda. The Order to Comply was issued by the City of Ottawa in July, 2018 and it is the party that bears any responsibility if it was issued improperly. By that date, the breach of the Agreement of Purchase and Sale had already occurred.
[9] For these reasons, this action, on its face, appears to be frivolous and vexatious and an abuse of the court’s process and the attenuated procedure available under Rule 2.1 is appropriate.
[10] I therefore make the following orders:
• Pursuant to sub-rule 2.1 .01(3)(1), the Registrar is directed to give notice to the Plaintiff in Form 2.1A that the Court is considering making an order under sub-rule 2.1 .01 dismissing the action;
• Pending the outcome of the written hearing under Rule 2.1 or further order of the court, the Plaintiff’s action is stayed pursuant to section 106 of the Courts of Justice Act, R.S.O. 1990, c. C. 43;
• The Registrar shall accept no further filings in this action excepting only the Plaintiff’s written submissions if delivered in accordance with sub-rule 2.1 .01(3);
• In addition to the service by mail required by sub- rule 2.1 .01(4), the Registrar is to serve a copy of this Endorsement and a Form 2.1A notice on the Plaintiff and counsel for the Defendants by email if it has their email addresses.
Mr. Justice Robert N. Beaudoin
Date: June 26, 2019
COURT FILE NO.: CV-19-80260
DATE: 20190626
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: SAMAD HOVEYDA, Plaintiff
AND
CHRISTOPHER A. MOORE, MICHAEL QAQUISH, MARTIN ALLARD, MARK SULLIVAN and JOHN BUCK, Defendants
BEFORE: Mr. Justice Robert N. Beaudoin
HEARD: By requisition
ENDORSEMENT
Beaudoin J.
Released: June 26, 2019