Court File and Parties
COURT FILE NO.: CV-15-522676 DATE: 20230207
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Syed Abid Hussain and Rubina Abid, Plaintiffs – AND – Daya Singh Flora and Balbir Flora, Defendants
BEFORE: Justice E.M. Morgan
COUNSEL: Simon Bieber and Rebecca Kennedy, for the Plaintiffs Doug Bourassa, for the Defendants
HEARD: February 7, 2023
MOTION TO ENFORCE JUDGMENT
[1] Counsel for the Plaintiffs have brought a post-trial motion to formulate some mechanics and to compel the Defendants to cooperate in executing the sale and property management issues built into my reasons for judgment of September 19, 2022.
[2] The parties had not been communicating well up to the time of the motion. For that reason, they had not been able to list the subject property for sale as I directed in my reasons, and were also unable to agree on various aspects of ongoing management for the property.
[3] At the hearing, counsel on both sides took a reasonable approach to the issues. In the first place, counsel for the Defendants indicated that he agrees with the form and content of the draft judgment submitted by counsel for the Plaintiffs. Until now, neither of them had been able to take out a formal judgment.
[4] After hearing both sides’ counsel make submissions, I directed that the Defendants, who are the named title holders on the property, are to cooperate with the Plaintiffs, who I determined are 50% beneficial owners of the property, in listing and selling the property. In the meantime, all rents received from tenants of the property are to be paid into court (or into an agreed-upon trust account), less a mutually agreed upon holdback for reasonable expenses and upkeep of the property.
[5] The Defendants have been managing the property up until now and may continue to do so until it is sold. However, the Defendants must consult with and obtain the Plaintiffs’ agreement for any significant expense incurred outside of the course of everyday management of the property.
[6] Counsel for both sides have now drafted an Order that embodies the parties’ mutual agreement as to this arrangement. There will be an Order to go as submitted.
Date: February 7, 2023 Morgan J.