Case information
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40846
9383859 Canada Ltd v. Musab Saeed and Mian Imran Saeed, et al.
(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) |
|---|---|---|
| 2024-02-23 | Close file on Leave | |
| 2024-02-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-22 | Judgment on leave sent to the parties | |
| 2024-02-22 |
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 M54211 (COA-22-CV-0453), 2023 ONCA 484, dated July 12, 2023, is dismissed. Dismissed |
|
| 2024-01-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-22 | Certificate (on limitations to public access), (Letter Form), 23A | Musab Saeed and Mian Imran Saeed |
| 2023-09-22 | Certificate (on limitations to public access), (Letter Form), 23A | Nirmalarajah Gunarajah, Viveka Ramesh, Mohinder Sansoye, and Ramesh Senthilnathan |
| 2023-09-20 |
Respondent's response on the application for leave to appeal, (Letter Form), REQUIRED: - 23A (rec'd 2023-09-22), Completed on: 2023-09-25, (Printed version due on 2023-09-27) |
Nirmalarajah Gunarajah, Viveka Ramesh, Mohinder Sansoye, and Ramesh Senthilnathan |
| 2023-09-20 |
Respondent's response on the application for leave to appeal, (Letter Form), REQUIRED: - 23A (rec'd 2023-09-22), Completed on: 2023-09-25, (Printed version due on 2023-09-27) |
Musab Saeed and Mian Imran Saeed |
| 2023-08-21 | Letter advising parties of an incomplete application for leave to appeal | |
| 2023-08-14 | Certificate (on limitations to public access), Public access to information form | 9383859 Canada Ltd |
| 2023-08-14 |
Application for leave to appeal, (Book Form), FILED: - Amended application including an amended notice of application (rec'd 2023-09-13) REQUIRED: - Motion to extend time to serve and file (M54065, M54066) - NO LONGER REQUIRED - TC judgments & orders - Filing fee (rec'd 2023-08-25), Completed on: 2023-09-14 |
9383859 Canada Ltd |
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 |
|---|---|---|
| 9383859 Canada Ltd | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Musab Saeed and Mian Imran Saeed | Respondent | Active |
| Nirmalarajah Gunarajah, Viveka Ramesh, Mohinder Sansoye, and Ramesh Senthilnathan | Respondent | Active |
Counsel
Party: 9383859 Canada Ltd
This party is not represented by counsel.
Party: Nirmalarajah Gunarajah, Viveka Ramesh, Mohinder Sansoye, and Ramesh Senthilnathan
Counsel
692 Briar Hill Avenue
Toronto, Ontario
M6B 1L3
Telephone: (647) 802-4929
Email: shawn@tockdr.com
Party: Musab Saeed and Mian Imran Saeed
Counsel
150 Ferrand Drive
Suite 800
Toronto, Ontario
M3C 3E5
Telephone: (416) 496-3340
Email: mr@friedmans.ca
Summary
Keywords
Civil Procedure — Costs — Security for costs ordered — Whether the lower courts erred in awarding security for costs.
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.
This action arises from a failed real estate transaction. The applicant commenced an action against the respondents and opposing lawyers involved in the transaction and litigation arising from the failed agreement of purchase and sale. The respondents successfully brought motions for summary judgment dismissing the action against them on the basis that the relevant limitation period was missed, it was an abuse of process, and the claim was statute barred. Miller J.A. granted security for costs orders. The applicant did not comply with the security for costs orders. The Court of Appeal dismissed the applicant’s motion to set aside the orders.
Lower court rulings
Ontario Superior Court of Justice
2020 ONSC 4883, CV-19-627556
Respondents’ motions for summary judgment granted: applicant’s actions dismissed
Court of Appeal for Ontario
COA-22-CV-0453
Security for costs ordered
Court of Appeal for Ontario
2023 ONCA 484, COA-22-CV-0453, M54211
Applicant’s motion to set aside the security for costs orders dismissed with costs
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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