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38608

Sajjad Asghar v. Joallore Alon

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2019-09-30 Close file on Leave
2019-09-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-09-27 Judgment on leave sent to the parties
2019-09-26 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65553, 2019 ONCA 249, dated March 28, 2019, is dismissed without costs.
Dismissed, without costs
2019-08-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-05-28 Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2019/05/28
2019-05-24 Certificate (on limitations to public access), (Letter Form) Sajjad Asghar
2019-05-24 Application for leave to appeal, Filed electronically only
MISSING: CA Order, filing fees-rec'd 2019/06/03, Completed on: 2019-06-03
Sajjad Asghar
2019-05-08 Order on miscellaneous motion, by ROGER BILODEAU, Q.C.
2019-05-08 Decision on the miscellaneous motion, Reg,
UPON APPLICATION by the applicant for an order granting leave to serve and file all documents and materials related to the application for leave to appeal and, if leave is granted, the appeal in electronic format on a CD-ROM or by email, size permitting;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted in part.
The applicant is granted permission to serve and file all documents and materials related to the application for leave to appeal in electronic format, as an attachment to an email, size permitting (less than 15 megabytes (MB)), or on a CD/DVD-ROM.
The request to serve and file all appeal documents in electronic format, if leave is granted, is deferred to a date after which leave to appeal has been decided by the Court.
IT IS HEREBY FURTHER ORDERED THAT:
The respondent is granted permission to serve and file his response to the application for leave to appeal in electronic format, as an attachment to an email, size permitting (less than 15 megabytes (MB)), or on a CD/DVD-ROM.
Allowed in part
2019-05-08 Submission of miscellaneous motion, Reg
2019-05-01 Response to miscellaneous motion, (Letter Form), Completed on: 2019-05-01 Joallore Alon
2019-04-29 Notice of miscellaneous motion, (Letter Form), Motion to serve and file application electronically only., Completed on: 2019-04-29 Sajjad Asghar

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Asghar, Sajjad Applicant Active

v.

Main parties - Respondents
Name Role Status
Alon, Joallore Respondent Active

Counsel

Party: Asghar, Sajjad

This party is not represented by counsel.

Party: Alon, Joallore

Counsel
Name
Iain A.C. MacKinnon
Contact information
Linden & Associates
200 Bay Street, Suite 2010
RBC Plaza, North Tower
Toronto, Ontario
M4J 2J1
Telephone: (416) 861-9338 Ext: 231
FAX: (416) 861-9973
Email: imackinnon@lindenlex.com

Summary

Keywords

Civil procedure – Motion for summary judgment – Respondent successfully bringing a motion for summary judgment dismissing the applicant’s action for defamation – Whether the lower courts applied the correct legal principles – Whether the lower courts erred.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant attended a social event that had been organized by the respondent. The two men did not know each other before. At the event, there was a prize awarded to the first guest who could produce a condom. The applicant won the prize. As he was collected it, a photograph was taken of him holding a condom. A few days after the event, the respondent posted the photograph of the applicant holding a condom on his Twitter account and posted some statements on his Twitter account. The applicant sued the respondent for defamation. The respondent moved for summary judgment dismissing the action on the grounds that the statements made were true. The motion judge granted summary judgment and dismissed the applicant’s action. The Court of Appeal dismissed the applicant’s appeal.

Lower court rulings

June 15, 2015
Ontario Superior Court of Justice

CV-15-519907, 2015 ONSC 3835

See file

November 14, 2015
Ontario Superior Court of Justice

CV-15-519907, 2015 ONSC 7823

See file

February 24, 2016
Ontario Superior Court of Justice

CV-15-519907

See file

May 29, 2018
Ontario Superior Court of Justice

CV-15-519907, 2018 ONSC 3342

Respondent’s motion for summary judgment granted

March 28, 2019
Court of Appeal for Ontario

C65553, 2019 ONCA 249

Applicant’s appeal dismissed with costs awarded in the amount of $8,000

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27