Case information
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37444
Hassan Hojjatian, et al. v. Intact Insurance Company and Axa Insurance
(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) |
|---|---|---|
| 2017-11-27 | Close file on Leave | |
| 2017-11-27 | Certificate of taxation issued to, Jeffrey R. Goit | |
| 2017-11-27 | Decision on the bill of costs, in the amount of $978.59, Reg | |
| 2017-11-27 | Submission of the bill of costs, Reg | |
| 2017-08-29 | Bill of costs, (Letter Form), Completed on: 2017-08-29 | Intact Insurance Company and Axa Insurance |
| 2017-08-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-08-25 | Judgment and notice of deposit of judgment sent to all parties (reconsideration) | |
| 2017-08-24 |
Decision on the motion for reconsideration of the application for leave to appeal, The motion for reconsideration of the application for leave to appeal dismissed on April 27, 2017, is dismissed without costs. Dismissed, without costs |
|
| 2017-08-03 | Reply to motion for reconsideration of the application for leave to appeal, (Letter Form), Completed on: 2017-08-03 | Hassan Hojjatian |
| 2017-07-14 | Response to motion for reconsideration of the application for leave to appeal, (Letter Form), Completed on: 2017-07-14 | Intact Insurance Company and Axa Insurance |
| 2017-07-04 | Submission of motion for reconsideration of the application for leave to appeal to panel, for consideration by the Court | |
| 2017-06-01 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2017-05-31 | Motion for reconsideration of the application for leave to appeal, (Letter Form), Completed on: 2017-05-31 | Hassan Hojjatian |
| 2017-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-28 | Judgment on leave sent to the parties | |
| 2017-04-27 |
Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file an application for leave to appeal and to file a joint application for leave to appeal or for separate court file numbers are dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62090, 2016 ONCA 904, dated November 29, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-04-27 |
Decision on the miscellaneous motion, See judgment on application for leave to appeal. Dismissed |
|
| 2017-04-27 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Dismissed |
|
| 2017-03-27 | All materials on application for leave submitted to the Judges | |
| 2017-03-27 | Submission of miscellaneous motion | |
| 2017-03-27 | Submission of motion to extend time to file and/ or serve the leave application | |
| 2017-03-16 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-03-16 | Hassan Hojjatian |
| 2017-03-08 | Certificate (on limitations to public access), (Letter Form) | Intact Insurance Company and Axa Insurance |
| 2017-03-08 | Respondent's response on the application for leave to appeal, (Book Form), Paper copy rec'd 2017/03/09, Completed on: 2017-03-09 | Intact Insurance Company and Axa Insurance |
| 2017-03-03 | Correspondence (sent by the Court) to, Mitra Kermani. Regarding a second application for leave to appeal. | |
| 2017-01-20 | Letter acknowledging receipt of an application for leave to appeal, FILE OPENED 2017/02/07 | |
| 2017-01-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the notice of miscellaneous motion), Completed on: 2017-01-17 | Hassan Hojjatian |
| 2017-01-17 | Certificate (on limitations to public access), (Letter Form) | Hassan Hojjatian |
| 2017-01-17 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form) | Hassan Hojjatian |
| 2017-01-17 | Notice of miscellaneous motion, (Book Form), (2 volumes), Motion to join; Volume 1 labeled B, Completed on: 2017-01-17 | Hassan Hojjatian |
| 2017-01-17 | Application for leave to appeal, (Book Form), (5 volumes), Volumes labeled A, C, D, E, F, Completed on: 2017-01-17 | Hassan Hojjatian |
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 |
|---|---|---|
| Hojjatian, Hassan | Applicant | Active |
| Kermani, Mitra | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Intact Insurance Company and Axa Insurance | Respondent | Active |
Counsel
Party: Hojjatian, Hassan
This party is not represented by counsel.
Party: Kermani, Mitra
This party is not represented by counsel.
Party: Intact Insurance Company and Axa Insurance
Counsel
Z.S. Pete Volaric
1 James Street South
Fourth Floor
Hamilton, Ontario
L8P 4R5
Telephone: (905) 527-6877
FAX: (905) 527-6843
Email: jgoit@agrozaffiro.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.
Contracts – Breach – Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance.
The applicants claimed under a homeowner’s insurance policy. They claimed that water damage to their basement, basement bathroom, and garage roof was caused by a rain storm and defective plumbing. Four reports were commissioned with respect to the nature of the damages and its causes. Intact Insurance Company refused to pay the claim, citing exclusion clauses in the insurance policy. Mr. Hojjatian and Ms. Kermani commenced a claim for damages and punitive damages. They applied for summary judgment. They also were involved in litigation with Toronto-Dominion Bank in relation to enforcement of a writ of possession against the home and against Loblaws Inc. in relation to a business dispute.
Lower court rulings
Ontario Superior Court of Justice
Motion for summary judgment against Toronto Dominion Bank dismissed without prejudice to return with further evidence
Court of Appeal for Ontario
C57524; 2014 ONCA 28
Appeal dismissed
Ontario Superior Court of Justice
CV-12-456921, 2016 ONSC 2318
Application for summary judgment and action against Intact Insurance Company and Axa Insurance dismissed
Court of Appeal for Ontario
C62090, 2016 ONCA 904
Appeal dismissed
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
Not available
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
Not available