Rabbani v. Furney

Rabbani v. Furney Collection Decisions of the Court of Appeal Date 2025-12-10 Neutral citation 2025 ONCA 860 Docket numbers COA-25-CV-0778, M56389 Judges Trotter, Gary T.; Gomery, Sally A.; Copeland, Jill M. Subject Civil Decision Content

COURT OF APPEAL FOR ONTARIO CITATION: Rabbani v. Furney, 2025 ONCA 860 DATE: 20251210 DOCKET: M56389 (COA-25-CV-0778) Trotter, Copeland and Gomery JJ.A.

BETWEEN Mohammad Ali Rabbani Plaintiff (Respondent/Moving Party) and Alex Aidan Fitzgerald Furney also known as Alex Furney*, Maryam Furney*, and Hassan Hashemi Defendants (Appellants/Responding Parties*) Alex Aidan Fitzgerald Furney also known as Alex Furney, acting in person No one appearing for the appellant/responding party, Maryam Furney Bronwyn Martin, for the respondent/moving party Heard and rendered orally: December 8, 2025

REASONS FOR DECISION [1] The appellants appeal the dismissal of their motion to hold the respondents in contempt. The respondents move to quash the appeal. They contend that the dismissal order is interlocutory, and any appeal of it lies with the Divisional Court rather than this court. [2] The respondents are correct. Based on the principles set out in Gueye v. DiNino, 2023 ONCA 342, 169 O.R. (3d) 137, at para. 8, leave to appeal refused, [2023] S.C.C.A. No. 391, the order dismissing the appellants’ motion for contempt in this case is interlocutory. Proceedings between the parties are ongoing and the appellants accordingly can take other steps to advance the allegations they made on the contempt motion. [3] As a result, this court does not have the jurisdiction to hear this appeal. The respondent’s motion to quash is granted and the appeal is dismissed, with $1,500 in costs awarded to the respondents. “Gary Trotter J.A.” “J. Copeland J.A.” “S. Gomery J.A.”