Court File and Parties

COURT FILE NO.: CV-21-00667504

DATE: 20210910

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: FARANAK MAHMOUDIE and BLUEWAY INC. Plaintiffs/Moving Parties

AND:

ATA (ATAOLLAH) TAMJIDI, ALI KIANI NEJAD and 2759080 ONTARIO LTD. Defendants/Responding Parties

BEFORE: Mr. Justice Chalmers

COUNSEL: M. O’Brien and J. Manger for the Plaintiffs S. Zucker, for the Defendants

HEARD: September 10, 2021, by videoconference

ENDORSEMENT

[1] On September 1, 2021, the Plaintiffs brought a motion without notice for an interim and interlocutory Mareva injunction. By endorsement dated September 3, 2021, I granted the relief sought. Pursuant to R. 40.02(1), the injunction was granted for a period not exceeding 10 days.

[2] The Plaintiffs served my endorsement and Order on the Defendants. The Defendants retained Mr. Zucker. On September 9, 2021, counsel for the Plaintiffs delivered the motion record to Mr. Zucker. The record consists of over 400 pages. Mr. Zucker states that he requires time to fully review the material and prepare a complete response.

[3] In the meantime, the Defendants filed the affidavit of Ata Tamjidi sworn September 9, 2021. Mr. Tamjidi deposes that he is a licensed mortgage broker and has operated his own brokerage, Noble Mortgage Inc. (Noble) since 2014. He has twelve full-time commissioned brokers and three staff members. Noble receives regular commission payments which are used to pay the staff and other expenses. The business credit cards have been frozen and it is expected that the business account may be shortly frozen as well. As a result, Mr. Tamjidi has been unable to operate his business.

[4] Mr. Tamjidi also states that his HSBC personal credit card and line of credit have been frozen along with his RBC line of credit. He states that his personal expenses are approximately $12,000 a month. He received approximately $3,000 in rental income.

[5] Mr. Tamjidi denies the allegations made against him in the Statement of Claim and Motion Record. He states that he is a Canadian Citizen and is not a flight risk. He seeks an order varying the injunction order to allow Noble to continue to operate. He also seeks a variance of the order to allow for the payment of his personal expenses from his personal accounts and lines of credit.

[6] The parties consent to an order extending the injunction to September 20, 2021 and varying the terms of the injunction order to exempt the Noble accounts and to allow the Defendants to access their personal accounts and lines of credit to pay their personal expenses. I remain seized.

[7] Order to go in accordance with the draft consent Order as filed and signed by me.

DATE: SEPTEMBER 10, 2021