Key Issues:

• Rahman sought to strike the reasons for a prior decision (June 27, 2023) by Justice Stribopoulos from the public record, citing alleged fraud in the affidavit of service related to the defendant’s amended statement of defence and crossclaim.

Background:

• Previous Ruling: The action was stayed as issues were resolved in Rahman’s favor by the Condominium Authority Tribunal (CAT), including the right to park in accessible spaces and $1,500 in damages.
• Appeal Status: The defendant’s appeal against the CAT decision was dismissed.

Alleged Fraud:

• Rahman’s Claim: The affidavit showing the email as "read" was fraudulent due to no delivery notification.
• Court’s Analysis: No expert evidence supported Rahman's claim; the “read” receipt applied to a copy sent to the defendant’s lawyer. Rahman failed to provide substantial proof of non-receipt.

Legal Findings:

• Amendments and Service: Amendments were allowed without a motion; a minor service irregularity did not affect the case outcome.
• Jurisdiction: The court lacked authority to strike another judge’s reasons from the public record.

Conclusion:

• Motion Dismissed: Rahman’s motion was dismissed.
• Costs: The defendant did not seek costs.