Court File and Parties

COURT FILE NO.: CV-12-00452256

DATE: 20210618

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: LCT INVESTMENT GROUP LTD. Plaintiff

AND: HALLA CANADA INC., BELSTAR REALTY LTD., BELSTAR INC., and ASIM RAFIUDDIN Defendants

AND BETWEEN HALLA CANADA INC., BELSTAR REALTY LTD., BELSTAR INC., and ASIM RAFIUDDIN Plaintiffs by Counterclaim

AND: LCT INVESTMENT GROUP LTD., KEITH LY, JOUN YONG TSANG, GARY TSANG, NIN YU CAO and YONG LIU Defendants by Counterclaim

BEFORE: Mr. Justice Chalmers

COUNSEL: C. Raphael and D. Collett for the Plaintiff R. Chapman for the Defendants, Halla Canada Inc, Belstar Realty Ltd. and Belstar Inc. A Rafiuddin, self-represented

HEARD: June 18, 2021, by Videoconference

ENDORSEMENT

[1] By endorsement dated June 9, 2021, I confirmed that the parties had executed a consent to an order dismissing the action. I vacated the trial date of June 14, 2021 and signed the dismissal order.

[2] After the order was signed my office received an e-mail from Mr. Rafiuddin. The e-mail was sent on June 10, 2021. He took the position that he had not agreed to the terms set out in the draft order. He requested a further case conference. On June 10, 2021 a case conference was scheduled for today, June 18, 2021. Mr. Rafiuddin was advised of the date. At the time the case conference was scheduled, he did not state any objection or advise that the date was inconvenient to him. On June 17, 2021, Mr. Rafiuddin took the position that he could not attend the case conference on June 18, 2021 because it was a religious holiday. I did not grant the adjournment and the case conference proceeded on June 18, 2021.

[3] Mr. Rafiuddin attended the case conference. He took the position that he did not sign the consent and did not agree to all of the terms in the draft order. The paragraph in the order that he disputed was paragraph 3 which provides that the 30-day appeal period is waived. Mr. Rafiuddin accused counsel for the Plaintiff of switching pages with his signature. He also accused the Court of bias and working with the Plaintiff’s lawyer to deprive him of his rights.

[4] I advised Mr. Rafiuddin that I am satisfied on the basis of the signed consent that the parties agreed to the terms of the dismissal order. I signed the order and it has since been entered. I also advised Mr. Rafiuddin that if he wishes to move to set aside the order he must bring a formal motion on notice to the other parties.

DATE: JUNE 18, 2021