Court File and Parties
Court File No.: CV-19-00618712-0000 Date: 2023/02/14 Ontario Superior Court of Justice
Between: 1277769 ONTARIO INC. o/a UNIVERSAL ENGINEERED RESTORATION, Applicant And: 8995079 CANADA INC. O/A CANADA GLOBAL BUSINESS, HARPREET KHUKH aka Harp Khukh, HARP KHUKH PROFESSIONAL CORPORATION, CORESTONE LAW and AYMAN MOHAMED ALKHATIB, Respondents
Counsel: Simon Morris, for the Applicant Adil Habib, for the Respondent 8995979 Canada Inc. Gurial S. Kler and Sephton Leibrandt, for the Respondent Ayman Mohammed Alkhatib Marc Kestenberg, for the Respondents Harpreet Khukh, Harp Khukh Professional Corporation and Corestone Law
Heard: January 24, 2023
Before: Perell, J.
Endorsement
[1] Pursuant to Rule 14 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, the Applicant, 1277769 Ontario Inc. which carries on business as Universal Engineered Restoration, (“Universal”) brings an Application for the distribution of $305,987.52, which was being held in the trust account of the Respondent lawyer and law firm Harpreet Khukh, Harp Khukh Professional Corporation, and Corestone Law (collectively “Mr. Khukh”).
[2] Mr. Khukh, who takes no position on this Application and who has settled it a year ago, had refused to distribute the money because of the competing claims of the Respondents, Ayman Mohammed Alkhatib and 8995979 Canada Inc., which carries on business as Canada Global Business (“Global”).
[3] Global and Mr. Alkhatib have claims as to how the money should be distributed.
[4] Mr. Khukh has paid the $305,987.52 into court to the credit of the Application.
[5] On consent of the parties, Universal’s Application is converted into an action with Universal to deliver a Statement of Claim within twenty days and with Global and Mr. Alkhatib to deliver a Statement of Defence and Counterclaim within a further twenty days.
[6] The Application shall be dismissed without costs as against Mr. Khukh.
[7] The costs of the proceeding to date shall be in the cause of the converted Application which shall proceed as an action in accordance with the Rules of Civil Procedure for a proceeding by action.
Perell, J. Released: January 24, 2023
Reasons for Decision
Court File No.: CV-19-00618712-0000 Date: 2023/02/14 Ontario Superior Court of Justice
Between: 1277769 ONTARIO INC. o/a UNIVERSAL ENGINEERED RESTORATION, Applicant And: 8995079 CANADA INC. O/A CANADA GLOBAL BUSINESS, HARPREET KHUKH aka Harp Khukh, HARP KHUKH PROFESSIONAL CORPORATION, CORESTONE LAW and AYMAN MOHAMED ALKHATIB, Respondents
Perell J. Released: February 14, 2023