Case information
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41016
Massoud Jamali also known as Tom Jamali, et al. v. Roy Bateni also known as Mohammad Ali Bateni, 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) |
|---|---|---|
| 2024-06-07 | Close file on Leave | |
| 2024-05-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-30 | Judgment on leave sent to the parties | |
| 2024-05-30 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to 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 COA-23-OM-0108, dated September 25, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-05-30 |
Decision on motion to extend time, See decision on application Granted |
|
| 2024-04-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-29 | Submission of motion to extend time, for consideration by the Court | |
| 2024-02-12 | Book of authorities, (Book Form), Of the reply, Completed on: 2024-02-12, (Printed version filed on 2024-02-12) | Massoud Jamali also known as Tom Jamali |
| 2024-02-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-02-12, (Printed version filed on 2024-02-12) | Massoud Jamali also known as Tom Jamali |
| 2024-02-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-02-01) | Roy Bateni also known as Mohammad Ali Bateni |
| 2024-02-01 | Notice of name, (Letter Form), (Printed version filed on 2024-02-01) | Roy Bateni also known as Mohammad Ali Bateni |
| 2024-02-01 |
Motion to extend time, (Book Form), Missing: - Filing fee (Rec'd 02-01-2024), Completed on: 2024-02-01, (Printed version filed on 2024-02-01) |
Roy Bateni also known as Mohammad Ali Bateni |
| 2024-02-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-02-01, (Printed version filed on 2024-02-01) | Roy Bateni also known as Mohammad Ali Bateni |
| 2023-12-29 | Supplemental document, (Letter Form), CA Order, (Printed version filed on 2023-12-29) | Massoud Jamali also known as Tom Jamali |
| 2023-12-12 | Supplemental document, CA Order Form | Massoud Jamali also known as Tom Jamali |
| 2023-12-12 | Notice of name, (Letter Form), (Printed version filed on 2023-12-12) | Massoud Jamali also known as Tom Jamali |
| 2023-11-28 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2023-11-24 | Book of authorities, (Book Form), Completed on: 2023-11-24, (Printed version filed on 2023-12-27) | Massoud Jamali also known as Tom Jamali |
| 2023-11-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-27) | Massoud Jamali also known as Tom Jamali |
| 2023-11-24 |
Application for leave to appeal, (Book Form), Missing: - Form 14 (Rec'd 2023-12-12) - Complete CA Orders (Form rec'd 2023-12-12) , Completed on: 2023-12-12, (Printed version filed on 2023-12-27) |
Massoud Jamali also known as Tom Jamali |
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 |
|---|---|---|
| Massoud Jamali also known as Tom Jamali | Applicant | Active |
| Caledon Chrysler Dodge Jeep Ram Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Roy Bateni also known as Mohammad Ali Bateni | Respondent | Active |
| 2287214 Ontario Ltd. | Respondent | Active |
Counsel
Party: Massoud Jamali also known as Tom Jamali
Counsel
Veronica Sjolin
Suite 1300
100 Queen Street
Ottawa, Ontario
K1J 1J9
Telephone: (613) 787-3537
FAX: (613) 230-8842
Email: lelliot@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Caledon Chrysler Dodge Jeep Ram Inc.
Counsel
Veronica Sjolin
Suite 1300
100 Queen Street
Ottawa, Ontario
K1J 1J9
Telephone: (613) 787-3537
FAX: (613) 230-8842
Email: lelliot@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Roy Bateni also known as Mohammad Ali Bateni
Counsel
1300 – 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Telephone: (416) 639-2123
FAX: (647) 827-0424
Email: jrosenstein@rosensteinlaw.ca
Party: 2287214 Ontario Ltd.
Counsel
1300 – 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Telephone: (416) 639-2123
FAX: (647) 827-0424
Email: jrosenstein@rosensteinlaw.ca
Summary
Keywords
Contracts — Breach — Shareholders agreement — Oppression remedy — What are the essential terms for the formation of a shareholders agreement — Is there a duty to negotiate in good faith — Absent an enforceable shareholders agreement, can a potential shareholder have reasonable expectations which are protected by the oppression remedy?<br>
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.
Mr. Bateni and 2287214 Ontario Ltd. (“228”) brought an action against Mr. Jamali and Caledon Chrysler Dodge Jeep Ram Inc. (“Caledon Chrysler”) for damages for breach of contract or, in the alternative, for breach of fiduciary duty and diversion of corporate opportunities as well as for oppression pursuant to s. 248 of the Business Corporation Act, R.S.O. 1990, c. B. 16 (OBCA). Mr. Bateni also claims against Caledon Chrysler, for wrongful dismissal. The trial judge found that there was an agreement between Mr. Bateni and Mr. Jamali and that Mr. Jamali had breached the agreement. The trial judge awarded Mr. Bateni and 228 damages for oppression in the amount of $254,400. Caledon Chrysler shall pay to Bateni $26,000 for damages for wrongful dismissal of his employment. The Divisional Court dismissed the appeal. The Court of Appeal dismissed the application for leave to appeal.
Lower court rulings
Respondents’ action allowed for breach of contract, oppression and wrongful dismissal
Applicants’ appeal dismissed
Court of Appeal for Ontario
COA-23-OM-0108
Applicants’ application for leave to 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