Shirzad v. Hussain et al.
FARHAD SHIRZAD
Law Firm / Organization
Himelfarb Proszanski LLP
Lawyer(s)

Alisha Thakkar

NARIESA HUSSAIN
Law Firm / Organization
Not Specified
Lawyer(s)

D. Paul

AMERNAUTH PUNU
Law Firm / Organization
Not Specified
Lawyer(s)

D. Paul

ANGELLA SEWPERSAUD
Law Firm / Organization
Matlow Miller Cummins Thrasher LLP
Lawyer(s)

David Thrasher

In the case Shirzad v. Hussain et al., 2024 ONSC 5172, the plaintiff, Farhad Shirzad, sought a default judgment after the defendants, Nariesa Hussain and Amernauth Punu, failed to complete the purchase of a property as per their agreement. The defendants moved to set aside the noting of default, which had been entered on September 6, 2022.

Key points:

  • Purchase Agreement: The defendants agreed to buy a property for $2,275,000 with a $100,000 deposit due within 24 hours. They failed to pay the deposit and did not complete the purchase.
  • Legal Actions: The plaintiff sold the property at a loss and sued for damages. The defendants were noted in default when they did not respond to the statement of claim.
  • Defendants’ Motion: The defendants claimed improper service of the claim and sought to set aside the default, citing a delay in being informed about the claim due to personal circumstances.
  • Court Decision: The court ruled that the service was valid and dismissed the defendants’ motion, finding no sufficient reason to set aside the default. The total monetary award for costs was $7,510.42, awarded to the plaintiff.

The court emphasized that the defendants had ample opportunity to defend but delayed their actions, and the plaintiff was justified in seeking default judgment.

Superior Court of Justice - Ontario
CV-22-167
Real estate
$ 7,510
Plaintiff