Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: JOAN SYPHUS, CLEMISFORD SYPHUS, IAN BICKERTON, BY HIS LITIGATION GUARDIAN, DAVID BICKERTON, AND JOHN DOE #1-500, Plaintiffs
AND:
2748204 ONTARIO INC. O/A FLEX HOME LOANS, 2758729 ONTARIO INC. O/A COMPLETE HOME COMFORT, MICHAEL YOSHER, SHALBY INVESTMENTS INC., ALBERT KSHOZNICER, BARBARA KSHOZNICER, STEPHEN PRICE AND ASSOCIATES, NITASHA AZHAR MALIK, AND JOHN DOE #501-1000, Defendants
BEFORE: Schabas J.
COUNSEL: David Sterns, Matthew W. Taylor and Ida Morra Caruso, for the Plaintiffs
Solomon Ross Fischhoff, for the Defendants 2748204 Ontario Inc. O/A Flex Home Loans, Michael Yosher, Shalby Investment Inc., Albert Kshoznicer and Barbara Kshoznicer
Andrea Vitopoulos, for the Defendant Stephen Price and Associates
Bethanie Pascutto, Counsel at the Advocacy Centre
HEARD: January 9, 2026
eNDORSEMENT
1A case conference in this matter was held today. The action has just been commenced. The plaintiffs seek various urgent injunctive relief.
2First, at this stage, counsel for the plaintiffs seeks to have an order preventing any further steps in enforcing notices of sale affecting the named plaintiffs. Mr. Fischhoff issued those notices of sale for his clients Shalby Investments Inc. and the Kshoznicers. He also appeared on the motion, although he has not been able to reach his clients to confirm his retention on this action. Although Mr. Fischhoff suggested that there was no urgency and that no interim order was necessary, the uncontradicted evidence before me at this stage certainly justifies an interim injunction preventing any further steps, and an order as sought in paragraphs 1 and 2 of the Notice of Motion shall issue to that effect.
3Counsel for the plaintiffs submits that the conduct alleged against the defendants appears to be systemic, involving many other potential plaintiffs. The evidence also supports this submission; in particular the affidavit of Julie Patterson, who has identified many mortgages that have been registered by Michael Yosher and 2748204 Ontario Inc., or on their behalf. Ms. Patterson also refers to, among other things, actions taken by the Financial Services Regulatory Authority against Yosher and 2748204, which has also identified many mortgages administered by 2748204. The plaintiffs therefore also seek an order that the defendants provide disclosure of any other mortgagors that have been served with notices of sale, as well as an order that the defendants may not issue any notices of sale going forward without leave of the court.
4Ms. Pascutto, who is counsel at the Advocacy Centre for the Elderly also attended. She swore an affidavit on this motion and has been involved in many similar cases. Her evidence also supports the assertion that there is a systemic issue here. Ms. Pascutto also advised that Mr. Fischhoff has acted for 2748204 and Michael Yosher on a large number of similar matters. Ms. Vitopoulos also attended as she advised that she has been retained by that defendant on similar matters and expects that she may be retained on this matter.
5Mr. Fischhoff objects to the request for production and the restriction on issuing notices of sale. He asserts that these issues should be addressed on a full record. He told the court that he was unable to contact his clients, who are out of the country to obtain instructions, and that they will only be returning to Ontario on January 17, 2026. He has not been formally retained by Yosher or 2748204 to act on this matter, who are also out of the country until January 17, 2026.
6In these circumstances, I will defer the request for production of information about other mortgages and the request for notice of any additional notices of sale to the return date of this matter which I have fixed for Friday January 23, 2026 at 10AM. This will provide time for the defendants to retain counsel and provide any response to the motion materials filed by the plaintiffs. The plaintiffs may also file any additional material in support of their position.
7Counsel for the plaintiffs forwarded a draft order, which I have edited and signed to accord with this endorsement.
Paul B. Schabas J.
Date: January 9, 2026