Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41734
Wasif Rashidi A.K.A. Rashidi Wasif v. M.T. Johnstone Construction Ltd.
(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) |
|---|---|---|
| 2025-09-24 | Close file on Leave | |
| 2025-09-24 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-09-24 | Certificate of taxation issued to, Michael McCluskey | |
| 2025-09-23 | Decision on the bill of costs, in the amount of $826.74, Reg | |
| 2025-09-23 | Submission of the bill of costs, Reg | |
| 2025-08-05 |
Bill of costs, (Letter Form), Missing: Proof of service (rec'd 2025-08-18) , Completed on: 2025-08-18, (Electronic version due on 2025-08-12) |
M.T. Johnstone Construction Ltd. |
| 2025-07-31 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-31 | Judgment on leave sent to the parties | |
| 2025-07-31 |
Judgment of the Court on the application for leave to appeal, 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 COA-23-CV-1385, 2024 ONCA 670, dated September 9, 2024, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2025-07-31 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-06-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-04-24 | Notice of name, (Printed version filed on 2025-04-28) | M.T. Johnstone Construction Ltd. |
| 2025-04-24 | Certificate (on limitations to public access), (Printed version filed on 2025-04-28) | M.T. Johnstone Construction Ltd. |
| 2025-04-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-25, (Printed version filed on 2025-04-28) | M.T. Johnstone Construction Ltd. |
| 2025-03-31 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-27 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-03-31, (Printed version filed on 2025-04-01) | Wasif Rashidi A.K.A. Rashidi Wasif |
| 2025-03-27 |
Supplemental document, 2 Volumes Self-Rep questionnaire |
Wasif Rashidi A.K.A. Rashidi Wasif |
| 2025-03-27 | Certificate (on limitations to public access), (Included in the supplemental document) | Wasif Rashidi A.K.A. Rashidi Wasif |
| 2025-03-27 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Rec 04-01-2025) - Proof of service (Rec 04-01-2025), Completed on: 2025-04-01 |
Wasif Rashidi A.K.A. Rashidi Wasif |
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 |
|---|---|---|
| Rashidi A.K.A. Rashidi Wasif, Wasif | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| M.T. Johnstone Construction Ltd. | Respondent | Active |
Counsel
Party: Rashidi A.K.A. Rashidi Wasif, Wasif
This party is not represented by counsel.
Party: M.T. Johnstone Construction Ltd.
Counsel
100 Stone Rd West Ste 300
Guelph, Ontario
N1G 5L3
Telephone: (519) 826-4333
Email: mike.mccluskey@mckenzielake.com
Summary
Keywords
Judgments and orders — Summary judgments — Adjournments — Whether the denial of procedural accommodations, such as adjournments for health reasons, amounts to discrimination under s. 15 of the Canadian Charter of Rights and Freedoms — To what extent does a judge’s refusal to grant a reasonable adjournment particularly in the face of health concerns, constitute systemic or individual bias, violating equality rights — What is the threshold at which procedural unfairness becomes a violation of Charter-protected equality right and the right to a fair hearing.
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 parties entered into an agreement of purchase and sale for a residential property in Ontario. The applicant purchaser was unable to obtain financing and on the closing date, he advised he would not complete the purchase. There was no financing condition in the agreement. The respondent relisted the property at the original price and after 30 days without receiving an offer, it relisted the property and sold it at a reduced price. The respondent commenced an action for breach of contract and to recover the amount lost from the final sale of the property.
The respondent was successful on a motion for summary judgment and was awarded $151,470.65 in damages. The appeal was dismissed.
Lower court rulings
Summary judgment granted; respondent entitled to judgment in the amount of $151,470.65
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