Cherry v. Nubury Properties Limited, 2025 ONSC 3736
Court and Parties
Court File No.: CV-13-489544
Date of Endorsement: June 28, 2025
Court: Superior Court of Justice - Ontario
Plaintiff: Alma Cherry
Defendants: Nubury Properties Limited, Care Pest Management Incorporated, Ecosmart Technologies Ltd., and Biosweep Canada Corporation
Before: E.M. Morgan
Counsel:
- Alma Cherry, on her own behalf
- Maya Kanani, for Nubury Properties Limited
- Mehran Wancho, for Care Pest Management Inc.
- Bonnie Clarke, for Biosweep Canada Corporation
- Navid Ghahraei, for EcoSmart Technologies Ltd.
Heard: June 23, 2025
Endorsement
[1] The Defendants have brought a motion to dismiss this action for delay. Unfortunately, the Plaintiff, Ms. Cherry, has some health issues to deal with and is not in a position to argue the motion today. She has indicated that as a result of the volume of materials recently served on her, she will need at least 4 months in order to properly respond.
[2] Given her medical condition, I am prepared to grant this adjournment. The motion will now be heard by me on December 1, 2025.
[3] I have advised the Defendants not to serve any further material on Ms. Cherry, including any Reply material. Ms. Cherry is already feeling overburdened with the volume of motion materials, and I want to ensure that she now has everything that she needs to respond to and that she will not be surprised with any further documents from the Defendants prior to the motion. Ms. Cherry has assured me that she understands that the motion must proceed on December 1st.
[4] I note that Ms. Cherry herself has a summary judgment motion scheduled in a related action, Cherry v. Novex Insurance Company (Court File No. CV-12-464327), which will be heard by me on April 13, 2026. I understand that there may be an Associate Justice motion pending in that matter with regard to certain refusals given at discoveries. I only reference that in order to emphasize that nothing in the Novex action—neither the refusals motion before an Associate Justice nor the summary judgment motion before me—will impact on the timing of the present motion.
[5] The present motion will proceed on December 1, 2025 regardless of where the Novex matter stands at that point.
E.M. Morgan
Date: June 23, 2025