2137073 Ontario Inc. v. Furney
2137073 Ontario Inc.
Arye Lankar
Law Firm / Organization
Atkinson Law
Lawyer(s)

Sanjin Kovacevic

Lina Balian
Law Firm / Organization
Atkinson Law
Lawyer(s)

Sanjin Kovacevic

Shawn Gabriel
Law Firm / Organization
Atkinson Law
Lawyer(s)

Sanjin Kovacevic

Elena Keimakh
Law Firm / Organization
Atkinson Law
Lawyer(s)

Sanjin Kovacevic

2380376 Ontario Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Jordan D. Sobel

Alex Furney
Law Firm / Organization
Self Represented
Maryam Furney also known as Miriam Furney
Law Firm / Organization
Self Represented

 

Key Points:

  1. Mortgage Dispute:

    • The case concerns a mortgage agreement between private lenders (plaintiffs) and mortgagors (defendants).
    • On February 9, 2023, a judgment favored plaintiffs, striking defendants' defense and counterclaim, without granting a writ of possession.
  2. Subsequent Motions:

    • On May 14, 2024, defendants' motion to set aside the prior order was dismissed as an abuse of process.
    • A court endorsement prohibited defendants from filing further materials without satisfying costs and obtaining court leave.
  3. Current Appeal:

    • Appeal pertains to the April 25, 2024 decision granting plaintiffs a writ of possession and denying defendants' adjournment request.
    • Defendants sought a stay of enforcement pending appeal, citing refinancing needs, but lacked substantial evidence.
  4. Legal Standards:

    • To grant a stay, defendants must show a serious issue to be tried, potential irreparable harm, and that the balance of convenience favors the stay.
    • The court found the appeal meritless and emphasized the plaintiffs' right to enforce judgment due to payment uncertainties and repeated delays by defendants.
  5. Costs:

    • Prior costs fixed by the panel:
      • $6,725.50 for 2137073 Ontario Inc.
      • $14,701.30 for Arye Lankar and others
      • $5,304.45 for 2380376 Ontario Ltd.
    • Costs before Lauwers J.A.:
      • Total $9,000 all-inclusive due to non-complexity of the issues.

Conclusion:

  • The motion for a stay was dismissed with costs, upholding the judgment and reinforcing plaintiffs' prevailing position.
Court of Appeal for Ontario
COA-24-CV-0496; M55125
Real estate
$ 9,000
Plaintiff