Case information
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34817
Yakov Mereshensky v. Metropolitan Toronto Condominium Corporation No. 879
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-03 | Close file on Leave | |
| 2013-04-03 | Reconsideration not accepted for filing, (documents returned) | |
| 2012-12-20 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2012-11-19 | Motion for reconsideration of the application for leave to appeal, (extension of time rec'd Nov. 23/12), Completed on: 2012-12-19 | Yakov Mereshensky |
| 2012-09-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-09-07 | Judgment on leave sent to the parties | |
| 2012-09-06 |
Judgment of the Court on the application for leave to appeal, The motions for a stay of execution and to appoint counsel are dismissed. The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M40496 (C54253), 2012 ONCA 73, dated February 1, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2012-09-06 |
Decision on motion to extend time to file and /or serve the leave application, see judgment Granted |
|
| 2012-09-06 |
Decision on the motion to appoint counsel, see judgment Dismissed |
|
| 2012-09-06 |
Decision on the motion for a stay of execution, LeB Abe Cro, See judgment Dismissed |
|
| 2012-08-23 | Correspondence received from, Mr. Mereshensky dated august 23/12 re: new order | Yakov Mereshensky |
| 2012-06-25 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-06-25 | Submission of motion for a stay of execution, LeB Abe Cro | |
| 2012-06-25 | Submission of motion to appoint counsel, LeB Abe Cro | |
| 2012-06-25 | Submission of motion to extend time to file and/ or serve the leave application, LeB Abe Cro | |
| 2012-06-25 | Response to the motion for a stay of execution, Counsel for the Respondent has confirmed by telephone that they will not submit a response., Completed on: 2012-06-25 | Metropolitan Toronto Condominium Corporation No. 879 |
| 2012-06-25 | Motion for a stay of execution, (Letter Form), to stay the order made on May 22nd, 2012, by Justice Chapnik. Mainly, that the plaintiff shall have vacant possession of the Defendant's unit. Service confirmed via phone with counsel for Respondent (Megan Mackey)., Completed on: 2012-06-25 | Yakov Mereshensky |
| 2012-05-23 | Applicant's reply to respondent's argument, Completed on: 2012-05-23 | Yakov Mereshensky |
| 2012-05-14 | Letter acknowledging receipt of a complete application for leave to appeal, file number asssigned | |
| 2012-05-10 | Motion for a stay of execution, (Letter Form), Completed on: 2012-05-10 | Yakov Mereshensky |
| 2012-05-10 | Motion to appoint counsel, (Letter Form), Completed on: 2012-05-10 | Yakov Mereshensky |
| 2012-05-10 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-05-10 | Yakov Mereshensky |
| 2012-05-10 | Respondent's response on the application for leave to appeal, (Letter Form), from Megan Mackey, fax dated May 10, 2012, re.: will not be filing a response, Completed on: 2012-05-10 | Metropolitan Toronto Condominium Corporation No. 879 |
| 2012-05-10 | Application for leave to appeal, fees missing, C/A order missing, motion for ext. of time included in the application, Completed on: 2012-05-11 | Yakov Mereshensky |
| 2012-04-25 | Correspondence (sent by the Court) to, Applicant, letter dated April 25, 2012, re.: another checklist | |
| 2012-04-19 | Correspondence (sent by the Court) to, Applicant, letter dated April 19, 2012, re.: checklist | |
| 2012-04-17 | Correspondence (sent by the Court) to, Applicant, letter dated April 17, 2012, re.: acknowledgement letter | |
| 2012-04-11 | Supplemental document, An additional application and more supplemental documents | Yakov Mereshensky |
| 2012-04-11 | Supplemental document, A combination of letters, orders and endorsements | Yakov Mereshensky |
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
| Name | Role | Status |
|---|---|---|
| Mereshensky, Yakov | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Metropolitan Toronto Condominium Corporation No. 879 | Respondent | Active |
Counsel
Party: Mereshensky, Yakov
This party is not represented by counsel.
Party: Metropolitan Toronto Condominium Corporation No. 879
Counsel
Scotia Plaza, Suite 5800
40 King St. W.
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8623
FAX: (416) 595-8695
Email: mmackey@millerthomson.com
Summary
Keywords
None.
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.
Property - Condominiums – Dispute between condominium corporation and occupant of condominium over, inter alia, payment of common expenses, liens, arrears and charge backs - Whether law of liens and arbitration violated – Whether lower courts erred
Mr. Mereshensky occupies a condominium unit owned by his daughters in a building managed by the Respondent condominium corporation. Since 2003, he has had an ongoing dispute with the Respondent over various matters including failure to pay common expenses, interest, charge backs and legal fees. Mr. Mereshensky brought an action for damages against the Respondent. The Respondent filed a Notice of Intent to Defend and brought a motion to strike the statement of claim as disclosing no reasonable cause of action. Mr. Mereshensky filed a motion for default judgment in the amount of $10,000 on the basis that the statement of defence had not been served and filed.
Lower court rulings
Ontario Superior Court of Justice
2010 ONSC 2183, CV-09-393450
Applicant’s motion for summary judgment dismissed; action stayed and parties directed to proceed to arbitration pursuant to s. 132 of the Condominium Act, 1998, S.O. 1998, c. 19 to determine outstanding issues
Ontario Superior Court of Justice
2011 ONSC 4798, CV-10-410108
Applicant’s application for leave to appeal arbitral award dismissed
Court of Appeal for Ontario
2012 ONCA 73, M40496 (C54253)
Applicant’s appeal quashed
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
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Related links
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Related links
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
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