Valizadeh v. Residences of College Park Inc.
Even assuming the 120-day notice requirement applied to the transfer date, the appellant waived any right to rely on that requirement by the representations of his counsel between August and October 2007; accordingly the appeal must be dismissed and the cross-appeal is dismissed as abandoned, with costs awarded to...
Source-derived case information.
- Citation
- 2010 ONCA 255
- Parties
- Appellant: Siavash Valizadeh; Respondent: The Residences of College Park Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 April 2010
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed; cross-appeal dismissed as abandoned; costs awarded to the respondent in the amount of $4,000.
- Legal Topics
- Waiver, Notice Requirement, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Siavash Valizadeh
Appellant
The Residences of College Park Inc.
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the 120-day notice requirement in the agreement of purchase and sale applied to the unit transfer date
- 2 Whether the appellant waived any right to rely on the 120-day notice requirement by representations of counsel between August and October 2007
- 3 Whether the cross-appeal was abandoned
Ratio Decidendi
Even assuming the 120-day notice requirement applied to the transfer date, the appellant waived any right to rely on that requirement by the representations of his counsel between August and October 2007; accordingly the appeal must be dismissed and the cross-appeal is dismissed as abandoned, with costs awarded to the respondent.
Court Disposition
Appeal dismissed; cross-appeal dismissed as abandoned; costs awarded to the respondent in the amount of $4,000.
Orders
- Appeal dismissed.
- Cross-appeal dismissed as abandoned.
Full Case Text
Judgment text and source record
1 paragraphs
Valizadeh v. Residences of College Park Inc. Collection Decisions of the Court of Appeal Date 2010-04-09 Neutral citation 2010 ONCA 255 Docket numbers C51173 Judges Doherty, David H.; Feldman, Kathryn N.; Cronk, Eleanore Ann Subject Civil Decision Content CITATION: Valizadeh v. Residences of College Park Inc., 2010 ONCA 255 DATE: 20100408 DOCKET: C51173 COURT OF APPEAL FOR ONTARIO Doherty, Feldman and Cronk JJ.A. BETWEEN Siavash Valizadeh Appellant and The Residences of College Park Inc. Respondent Alexander Gillespie, for the appellant Harvin Pitch, for the respondent Heard: April 7, 2010 On appeal from the order of Justice D.A. Wilson of the Superior Court of Justice, dated June 25, 2008. APPEAL BOOK ENDORSEMENT [1] Even if the 120-day notice requirement in the agreement of purchase and sale applied to the unit transfer date, the appellant, through the representations of counsel between August and October 2007, waived any right to rely on the 120-day notice requirement. [2] The appeal is dismissed. The cross-appeal is dismissed as abandoned. Having regard to the disposition of the appeal and cross-appeal, costs to the respondent are fixed in the amount of $4,000.