Court File and Parties

COURT FILE NO.: CV-18-603484

DATE: 20210113

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ANNE WOODS, Plaintiff

-and-

ABBAS PETER JAHANGIRI, VICTOR SRADJOV, SEEMA PODDAR, JOHN DOE, JANE DOE and DOE CORPORATIONS, Defendants

BEFORE: A.A. Sanfilippo, J.

COUNSEL: Norman Groot, for the Plaintiff, Anne Woods Stephen Jackson, for the Defendant Abbas Peter Jahangiri Lauren Parker, for the Defendant Seema Poddar

HEARD

By Videoconference: January 13, 2021

ENDORSEMENT

[1] On November 30, 2021, I granted a Mareva Order in favour of the Plaintiff, Anne Woods, against the Defendant, Abbas Peter Jahangiri (the “Responding Defendant”), requiring the preservation, by the lawyer acting on behalf of the Responding Defendant in the sale of property known municipally as 81 Nelson Street, Hensall, Ontario (the “Hensall Property”), of the adjusted net sale proceeds resulting from the sale of the Hensall Property up to the maximum amount of $327,000 (the “Preserved Funds”): Woods v. Jahangiri, 2020 ONSC 7404.

[2] By Order dated December 8, 2020, I extended the Mareva Order to January 13, 2021: Woods v. Jahangiri, 2020 ONSC 7658. This December 8, 2020 Order also implemented a timetable for the development of the plaintiff’s pending Motion for final determination, leading to a hearing scheduled for today, January 13, 2021, and directed, on consent, a transfer in the amount of $70,000 from the Preserved Funds to the Responding Defendant.

[3] The parties were not able to complete the steps required by the timetable due to the passing of the lawyer for the Responding Defendant. Today’s hearing thereby addressed the variation required to the timetable to allow the Responding Defendant with an opportunity to transition to new counsel. Mr. Stephen Jackson appeared today to speak to these issues on behalf of the Responding Defendant, although he has not yet been retained as counsel of record.

[4] The Plaintiff requested the extension of the Mareva Order to the hearing of this Motion on its full record. As there was no change in the evidentiary record, and as the Responding Defendant did not oppose, I ordered that the Mareva Order remain in place until the return of this Motion on its full record, which I will schedule for April 15, 2021, a date convenient to the parties and made available by the Court.

[5] The Responding Defendant requested a further payment from the Preserved Funds for expenses. The Plaintiff agreed to a further immediate transfer of $5,000. The Responding Defendant sought an Order providing for a monthly transfer in the amount of $5,000 to him from the Preserved Funds, but the Responding Defendant has not yet had an opportunity to consider the necessity of such a transfer, given the transfer of $70,000 provided by the December 8, 2020 Order, and has not had an opportunity to prepare a motion record containing the evidence in support of any such relief. The Plaintiff objected to any order for monthly transfers at this time on the basis that the $70,000 transfer was provided, at least in part, to support the Responding Defendant’s real estate development initiatives which, according to the Plaintiff, are not taking place.

[6] In the absence today of a record on which to consider an order requiring monthly transfers for expenses, if the Responding Defendant requires a further transfer prior to the return of this Motion, the Responding Defendant may request the immediate scheduling of a short motion through the Short Motion Triage Request process set out in the Practice Directions, or may request the immediate scheduling of a case conference (Rule 50.13) to speak to this relief, particularly if the transfer is on consent.

[7] The parties agreed on a date for the completion of answers to undertakings, and the necessity to advance this motion to adjudication as efficiently and expeditiously as possible.

[8] I order as follows:

(a) The following timetable applies to the return of this Motion:

(i) The parties shall, by February 26, 2021, comply with the undertakings provided during the examinations and cross-examinations conducted in December 2020. Additionally, the Responding Defendant shall use his best efforts to comply with any undertakings outstanding from his examination for discovery conducted on November 11, 2019.

(ii) The moving party Plaintiff shall deliver her Factum by March 12, 2021.

(iii) The Responding Defendant shall deliver his Factum by March 26, 2021.

(iv) This Motion shall be heard on April 15, 2021, for three hours. The parties shall comply with all Practice Directions pertaining to the hearing of long motions at that time.

(b) The Mareva Order shall remain in effect until 4:30 pm on April 15, 2021 and will expire at that time unless extended by further Order of this Court.

(c) Notwithstanding paragraph (b), immediately above, the solicitor holding the Preserved Funds may immediately release the amount of $5,000 from the Preserved Funds to the Responding Defendant, or as he may direct.

(d) The Responding Defendant may request and apply for further funds to be transferred to him from the Preserved Funds, by convening a case conference, or by requesting the urgent scheduling of a Short Motion through the Short Motion Triage process.

(e) Until such time as the Responding Defendant has a counsel of record, the Responding Defendant may be served with court documents at his email address, with copy to his real estate solicitor, Mr. Robert Kligerman, and with copy to the counsel appearing on his behalf today, Mr Stephen Jackson.

(f) The timetable for the development of this action, as set out in paragraph 7 of the December 8, 2020 Order, shall remain effective, save and except that paragraph 7(b) shall be varied as follows: “examination of the Plaintiff for discovery by all defendants by March 31, 2021.”

(g) All other relief sought by the Plaintiff in this Motion is adjourned to the return of this Motion.

(h) The costs of this Motion are reserved to the Judge hearing the return of this Motion.

[9] I am not seized of this Motion.

[10] The Plaintiff may deliver, through the Court Registrar, a form of draft Order, approved as to form and content, containing the terms set out in this Endorsement.

A.A. Sanfilippo, J.

Date: January 13, 2021