Case information
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41948
Eli Messica v. 6971971 Canada Inc., 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) |
|---|---|---|
| 2025-11-14 | Close file on Leave | |
| 2025-11-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-13 | Judgment on leave sent to the parties | |
| 2025-11-13 |
Judgment of the Court on the application for leave to appeal, The motion for an order staying proceedings with respect to the judgment at first instance is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-25-CV-0264, 2025 ONCA 514, dated July 14, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-11-13 |
Decision on the motion for a stay of execution, See judgment on application Dismissed |
|
| 2025-10-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-14 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2025-09-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-10-02, (Printed version filed on 2025-10-02) | Eli Messica |
| 2025-09-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-10-01) | 6971971 Canada Inc. |
| 2025-09-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-01, (Printed version filed on 2025-10-01) | 6971971 Canada Inc. |
| 2025-09-02 | Motion for a stay of execution, (Book Form), Completed on: 2025-09-18, (Printed version filed on 2025-09-09) | Eli Messica |
| 2025-08-21 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2025-08-21 | Certificate (on limitations to public access), 23A, (Printed version due on 2025-08-28) | Eli Messica |
| 2025-08-21 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2025-09-18, (Printed version filed on 2025-09-09) | Eli Messica |
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 |
|---|---|---|
| Eli Messica | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 6971971 Canada Inc. | Respondent | Active |
| MD Majibur Rahman and Farhana Urme | Respondent | Active |
Counsel
Party: Eli Messica
Counsel
965 Bovaird Drive West, Unit 201
Brampton, Ontario
L6X 0G3
Telephone: (905) 781-5541
FAX: (905) 454-4558
Email: preetwadhwalaw@gmail.com
Party: 6971971 Canada Inc.
Counsel
M2N5P6
Toronto, Ontario
M2N 5P6
Telephone: (647) 794-7079
FAX: (647) 794-7039
Email: obaidul@owslaw.ca
Party: MD Majibur Rahman and Farhana Urme
Counsel
M2N5P6
Toronto, Ontario
M2N 5P6
Telephone: (647) 794-7079
FAX: (647) 794-7039
Email: obaidul@owslaw.ca
Summary
Keywords
Limitation of actions — Whether application judge erred in holding that ten-year limitation period did not apply — Real Property Limitations Act, R.S.O. 1990, c. L.15, ss. 23 and 43
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 respondent corporation was formerly the tenant of a commercial property that the applicant owns. The individual respondents personally guaranteed the corporation’s obligations under the lease, and granted a mortgage against real property to secure that guarantee. The lease required the respondents to complete certain upgrades to the property. The respondents attempted to assign the lease to another tenant in 2019. However, a dispute arose between the parties as to whether the respondents had completed the upgrading work and the applicant refused to consent to the assignment. The respondents sought and obtained a court order overriding the applicant’s refusal to assign the lease, and the assignment was completed on April 16, 2020.
The applicant never discharged the mortgage registered against the individual respondents’ property. In early 2024, the respondents requested that he do so, but were refused. The respondents commenced an application for an order to discharge the mortgage. On March 31, 2024, the applicant commenced a cross-application for damages arising from the respondents’ alleged failure to complete the upgrading work.
The application judge held that the applicant’s claim was statute-barred as the two-year limitation period for claims for breach of the lease had expired. The mere fact that the personal guarantees were secured by a charge on real property did not trigger the application of the ten-year limitation period in the Real Property Limitations Act, since the connection to real property was merely incidental to a claim for breach of contract. The cross-application was dismissed. The Court of Appeal found no error and dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-22-00690864-0000, 2025 ONSC 604
Applicant’s cross-application dismissed with costs.
Appeal dismissed with costs.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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