Master Tech Inc. v. Wajeb Assaf
Master Tech Inc. [Fariborz Tavana]
Law Firm / Organization
Self Represented
Wajeb Assaf
Law Firm / Organization
Kestenberg Litigation LLP
Klaiman Edmonds LLP
Law Firm / Organization
Kestenberg Litigation LLP

Key Points:

  • Issue: Fariborz Tavana, on behalf of Master Tech Inc., sought to set aside an order that dismissed his motion for an extension to file a notice of appeal.
  • Background:
    • Orders in Question:
      • February 15, 2023: Master Tech Inc. was ordered to pay costs.
      • April 3, 2023: The 2018 action by Master Tech was dismissed.
    • Previous Rulings: A prior appeal attempt in May 2023 was dismissed as frivolous and vexatious.
  • Key Barriers to Motion:
    1. Master Tech Inc. was dissolved in 2020, making it ineligible to appeal as a corporation.
    2. Tavana did not obtain court permission to represent the dissolved company, despite being advised of this several times.
    3. No reviewable error was identified in the previous decision by Nordheimer J.A.
  • Court’s Conclusion: The motion lacked merit due to delays, procedural deficiencies, and the dissolution of the company. The court dismissed the appeal and ordered Tavana to pay $5,000 in costs to the respondents.

Outcome: Motion dismissed. Costs awarded to the respondents.

Court of Appeal for Ontario
COA-24-OM-0068; M55054
Corporate & commercial law
$ 5,000
Respondent