Court File and Parties

Court File Nos.: CV-18-609444 CV-18-606377-CL CV-19-628847-CL CV-19-627188-CL CV-18-00009436

Date: 20231128

Superior Court of Justice - Ontario

Re: Mohsen Madani, Plaintiff – AND – Ali Razian, Behzad Pilehvar, 2576906 Ontario Inc. cob Sand Gecko Group of Companies, SKJ Law Office Professional Corporation, Johal Law Firm Professional Corporation and Satinder Kaur Johal, Defendants

AND RE: Behzad Pilehvar, Plaintiff – AND – Galilee Capital Ltd., Ali Razian and Ali Ghasemyarmaki, Defendants

AND RE: Ali Ghasemyarmaki, Applicant – AND – Behzad Pilehvar aka Behzad Pilehver, Mahtab Nali, Ali Razian, Lily Bahraman, Remax Realtron Realty Inc., Parminder Hundal, Hundal Law, Sand Gecko Inc., 2576906 Ontario Inc cob Sand Gecko Group of Companies, Sand Gecko Group and Galilee Capital Ltd., Respondents

AND RE: Ali Razian, Plaintiff – AND – Galilee Capital Ltd., Sand Gecko Inc., 2576906 Ontario Inc. cob Sand Gecko Group of Companies, 2573575 Ontario Corp cob ABA Development, 2570494 Ontario Ltd. cob ABA Financial Services Group, Behzad Pilehver aka Behzad Pilehvar aka Ben Pilehver aka Ben Pilehvar, Benny Pilehver aka Benny Pilehvar, Ali Ghasemyarmaki aka Ali Ghasemy Armaki, Parminder Hundal aka Pam Hundal cob Hundal Law, Lelia Hosseini Nia aka Lily Bahraman, Peyman Pornour aka Paul Pornour, Proxy Real Property Inc. Brokerage, Remax Realtron Realty Inc., Homelife New World Realty Inc., Howard Cary Cohen and Howard C. Cohen & Associates, Defendants

AND RE: 1548132 Ontario Corporation and Violet Farid, Plaintiffs – AND – Behzad Pilehver, Ali Razian and Mohsen Madani, Defendants

Before: E.M. Morgan J.

Counsel: Jonathan Friedman, for Mohsen Madani Jacqueline Cole, for Ali Razian Peter-Paul E. Du Vernet, for Ali Ghasemyarmaki Aaron Postelnik, for Re/Max Realtron Realty Inc. Aaron Hershtal, for Pam Hundal and Hundal Law Jerome Stanleigh, for Behzad Pilehvar and Sand Gecko Inc. Rachel Hennick, for SKJ Law Office and Satinder Johal Dimitrios Mylonopoulos, for 1548132 Ontario Corporation and Violet Farid

Heard: November 28, 2023

Case Conference – November 28, 2023

[1] Counsel advise that there have been some delays in completing the discovery process. For the most part, the issue appears to be the failure of Mr. Behzad Pilehvar to produce all relevant documents in his possession. He has recently indicated that he has now located some 11,000 emails and text messages relating to the issues in the litigation that he still has to produce.

[2] Mr. Pilehvar is to deliver a further and better affidavit of documents by December 19, 2023. This is to contain all documents relevant to the matters in issue that he has not already produced. Hopefully, this large volume of material will be labelled and indexed in an accessible way.

[3] Mr. Pilehvar’s counsel, Mr. Stanleigh, has indicated that he is contemplating bringing a motion to remove himself from the record. That will not take place prior to his client’s production December 19th, but may take place early in January. I told Mr. Stanleigh to correspond with my assistant if he wishes to schedule a motion date.

[4] I understand that some dates for continuing discoveries, in particular dealing with the action involving the property at 100 Finch Ave., have been set aside for February. If Mr. Stanleigh is still on board for Mr. Pilehvar, those discoveries may be able to proceed at that time. But everyone also understands that if Mr. Stanleigh has gone off record, it may take some time for Mr. Pilehvar to retain new counsel, which may in turn put off the discoveries for a further period of time. Counsel are therefore in wait-and-see mode in terms of getting through the balance of discoveries.

[5] In addition to the production and discovery issues, counsel are also planning to attend a mediation session. They have discussed among themselves at least one potential mediator, but have not yet approached him for his availability as they have not yet determined an acceptable date. They would like to be able to do the mediation in early spring – perhaps in March 2024 – but, again, it all depends on whether Mr. Pilehvat is represented at the time. I leave it to counsel to make the appropriate arrangements once the timing becomes clearer.

[6] At this point, there are too many balls in the air to set any firm dates beyond Mr. Pilehvar’s deadline for a new affidavit of documents. I will wait to hear from Mr. Stanleigh regarding a motion date; otherwise, counsel may get in touch with my assistant if another case conference is needed. My schedule this coming winter-spring is very full, but I can usually find time for a short early morning conference on zoom.

Morgan J. Date: November 28, 2023