Case information
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41790
Zaafir Ahmed Munir v. Mahesh Kumar Garg, 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) |
|---|---|---|
| 2025-10-10 | Close file on Leave | |
| 2025-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-10-09 | Judgment on leave sent to the parties | |
| 2025-10-09 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-24-CV-1224, 2025 ONCA 334, dated April 28, 2025, is dismissed with costs to Town of Milton and Milton Fire Department. Dismissed, with costs |
|
| 2025-10-09 |
Decision on the motion for a stay of execution, See judgment on application Dismissed |
|
| 2025-09-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-09-15 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2025-07-09 | Correspondence (sent by the Court) to, all parties pursuant to rule 8(1) following the notice pursuant to rule 64 | |
| 2025-07-04 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service - Public access to information form - Motion to extend time, Completed on: 2025-09-16 |
Mahesh Kumar Garg |
| 2025-07-04 | Letter and notice pursuant to Rule 64 sent to, all parties | |
| 2025-06-02 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-06-03) | Town of Milton |
| 2025-05-28 | Notice of name, (Letter Form), (Printed version filed on 2025-05-29) | Town of Milton |
| 2025-05-28 |
Respondent's response on the application for leave to appeal, (Book Form), MISSING : -Form 23A (Rec 06-02-2025), Completed on: 2025-06-02, (Printed version filed on 2025-05-29) |
Town of Milton |
| 2025-05-02 |
Certificate (on limitations to public access), 23A Amended version required (Rec 05-05-2025) |
Zaafir Ahmed Munir |
| 2025-05-02 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-04-29 | Motion for a stay of execution, (Book Form), Completed on: 2025-04-29 | Zaafir Ahmed Munir |
| 2025-04-28 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2025-07-07), Completed on: 2025-07-07 |
Zaafir Ahmed Munir |
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 |
|---|---|---|
| Munir, Zaafir Ahmed | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mahesh Kumar Garg | Respondent | Active |
| Shama Garg | Respondent | Active |
| Town of Milton | Respondent | Active |
| Milton Fire Department | Respondent | Active |
Counsel
Party: Munir, Zaafir Ahmed
This party is not represented by counsel.
Party: Town of Milton
Counsel
Evelyn Perez Youssoufian
700 Kerr Street
Suite 300
Oakville, Ontario
L6K 3W5
Telephone: (905) 842-8030
Email: stavrakos@omh.ca
Party: Mahesh Kumar Garg
This party is not represented by counsel.
Party: Shama Garg
This party is not represented by counsel.
Party: Milton Fire Department
Counsel
Evelyn Perez Youssoufian
700 Kerr Street
Suite 300
Oakville, Ontario
L6K 3W5
Telephone: (905) 842-8030
Email: stavrakos@omh.ca
Summary
Keywords
Municipal law — By-laws — Validity — Municipal bylaw imposing license requirement for short-term rental of dwelling units — Applicant challenging bylaw as ultra vires legislative authority and alleging infringement of Charter rights — Whether municipalities empowered to enforce bylaws in manner that conflicts with tenant’s rights under provincial legislation —Whether Court of Appeal erring by failing to address legal definition of subletting — Whether justice compromised when appellate courts fail to examine material evidence affecting findings of fact and law — Whether reasonable apprehension of bias arises where appellate courts disregard material legal issues and evidence — Whether procedural fairness violated when appellate court fails to engage with statutory and constitutional rights raised on appeal — Whether selective municipal enforcement combined with disregard for tenant protections and psychological harm violating ss. 7 and 15 of Charter – Municipal Act, 2001, S.O. 2001, c. 25, s. 151 — Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 5 — Canadian Charter of Rights and Freedoms, ss. 7, 15
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.
Applicant Zaafir Ahmed Munir brought an application before the Superior Court of Justice, seeking to have a municipal bylaw declared ultra vires and alleging violations of his rights under ss. 7 and 15 of the Canadian Charter of Rights and Freedoms. The application was dismissed. Mr. Munir’s appeal to the Court of Appeal for Ontario was dismissed.
Lower court rulings
Application dismissed
Leave to appeal costs order denied; appeal dismissed
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.
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
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
Not available