Furney v. TT5 Inc.
Because the appellant was not given an opportunity to make submissions in response to CIBC's rule 2.1.01 motion, the appeal is allowed, the impugned order is set aside and the motion is remitted to the Superior Court to be heard by another judge; no costs awarded.
Source-derived case information.
- Citation
- 2025 ONCA 610
- Parties
- Appellant: Maryam Furney; Appellant: Alex Furney; Appellant: Estate Of Mary Mamlekat Adhami And Albert Paul Mifsud; Respondent: TT5 Inc.; Respondent: Steve Chan AKA Chi-Nam; Respondent: Constable Salvatore Demerling; Respondent: Katlyn Ann Demerling; Respondent: Nicholas Ajram; Respondent: Michael Poon; Respondent: Frank Pa; Respondent: Garry Barankin; Respondent: Chetcuti De Rubeis; Respondent: Canadian Imperial Bank of Commerce; Respondent: Niagara Regional Police Service; Respondent: Paul Mand; Respondent: Steve Hazan; Respondent: 2380376 Ontario Limited; Respondent: Ian Minton; Respondent: 2137073 Ontario Inc.; Respondent: Ann Downie; Respondent: Arye Lankar; Respondent: Lina Balian; Respondent: Shawn Gabriel; Respondent: Elena Keimakh; Respondent: Emilio Bisceglia; Respondent: Ryan Atkinson; Respondent: Jordan Sobel; Respondent: Samir Chhina; Respondent: Richard Keith Watson; Respondent: Daniel W. Borowski
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 September 2025
- Procedural Posture
- Civil Appeal / Appeal From Superior Court Order; Motion Remitted to Superior Court for Rehearing by Another Judge
- Outcome
- Appeal allowed; impugned order set aside; motion remitted to Superior Court to be heard by another judge; no costs of the appeal.
- Legal Topics
- Procedural Fairness, Opportunity to Be Heard, Rule 2.1.01 Motion, Remittal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maryam Furney
Appellant
Alex Furney
Appellant
Estate Of Mary Mamlekat Adhami And Albert Paul Mifsud
Appellant
TT5 Inc.
Respondent
Steve Chan AKA Chi-Nam
Respondent
Constable Salvatore Demerling
Respondent
Katlyn Ann Demerling
Respondent
Nicholas Ajram
Respondent
Michael Poon
Respondent
Frank Pa
Respondent
Garry Barankin
Respondent
Chetcuti De Rubeis
Respondent
Canadian Imperial Bank of Commerce
Respondent
Niagara Regional Police Service
Respondent
Paul Mand
Respondent
Steve Hazan
Respondent
2380376 Ontario Limited
Respondent
Ian Minton
Respondent
2137073 Ontario Inc.
Respondent
Ann Downie
Respondent
Arye Lankar
Respondent
Lina Balian
Respondent
Shawn Gabriel
Respondent
Elena Keimakh
Respondent
Emilio Bisceglia
Respondent
Ryan Atkinson
Respondent
Jordan Sobel
Respondent
Samir Chhina
Respondent
Richard Keith Watson
Respondent
Daniel W. Borowski
Respondent
Procedural Posture
Civil Appeal / Appeal From Superior Court Order; Motion Remitted to Superior Court for Rehearing by Another Judge
Legal Issues
- 1 Whether the appellant was denied the opportunity to make submissions in response to CIBC's rule 2.1.01 motion
- 2 Whether the Superior Court order should be set aside and the motion remitted to be heard by another judge
- 3 Whether the court should rule on other grounds of appeal raised by the appellant
Ratio Decidendi
Because the appellant was not given an opportunity to make submissions in response to CIBC's rule 2.1.01 motion, the appeal is allowed, the impugned order is set aside and the motion is remitted to the Superior Court to be heard by another judge; no costs awarded.
Court Disposition
Appeal allowed; impugned order set aside; motion remitted to Superior Court to be heard by another judge; no costs of the appeal.
Orders
- Order set aside
- Motion remitted to the Superior Court to be heard by another judge
Full Case Text
Judgment text and source record
1 paragraphs
Furney v. TT5 Inc. Collection Decisions of the Court of Appeal Date 2025-09-03 Neutral citation 2025 ONCA 610 Docket numbers COA-25-CV-0305 Judges Miller, Bradley; Zarnett, Benjamin; Madsen, Lene Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Furney v. TT5 Inc., 2025 ONCA 610 DATE: 20250903 DOCKET: COA-25-CV-0305 Miller, Zarnett and Madsen JJ.A. BETWEEN Maryam Furney*, Alex Furney, Estate Of Mary Mamlekat Adhami And Albert Paul Mifsud Plaintiffs (Appellant*) and TT5 Inc., Steve Chan AKA Chi-Nam, Constable Salvatore Demerling, Katlyn Ann Demerling, Nicholas Ajram, Michael Poon, Frank Pa, Garry Barankin, Chetcuti De Rubeis, Canadian Imperial Bank of Commerce*, Niagara Regional Police Service, Paul Mand, Steve Hazan, 2380376 Ontario Limited, Ian Minton, 2137073 Ontario Inc., Ann Downie, Arye Lankar, Lina Balian, Shawn Gabriel, Elena Keimakh, Emilio Bisceglia, Ryan Atkinson, Jordan Sobel, Samir Chhina, Richard Keith Watson and Daniel W. Borowski Defendants (Respondent*) Maryam Furney, acting in person Elizabeth Kurz, for the respondent Heard and released orally: September 2, 2025 On appeal from the order of Justice James A. Ramsay of the Superior Court of Justice, dated December 2, 2025. REASONS FOR DECISION [1] The respondent CIBC concedes that the appellant was not provided with the opportunity to make submissions in response to the CIBC’s rule 2.1.01 motion. [2] The appeal is granted and the order is set aside. The motion is remitted to the Superior Court to be heard by another judge. [3] We make no determination as to the merits of the other grounds of appeal raised by the appellant and the appellant is free to renew those arguments before the judge hearing that motion. [4] There shall be no costs of the appeal. “B.W. Miller J.A.” “B. Zarnett J.A.” “L. Madsen J.A.”