Saadilla v. York Condominium Corporation No. 187

Saadilla v. York Condominium Corporation No. 187

The appeal is dismissed because the fresh evidence could have been obtained with due diligence and would not have affected the result, the motion judge reasonably refused the adjournment, the appellant lacked standing to sue the condominium corporation under the Condominium Act, and the remaining allegations failed to raise a genuine issue for trial; the costs award was not reviewable.

Citation
2017 ONCA 797
Parties
Plaintiff (appellant): Sardar Saadilla; Defendant (respondent): York Condominium Corporation No. 187
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 October 2017
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Fresh Evidence, Adjournment, Standing, Costs, Assault
Source Language
English
Civil Condominium Law Procedural Law Tort Law Summary Judgment Fresh Evidence Adjournment Standing +2 more

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Parties

Sardar Saadilla

Plaintiff (appellant)

York Condominium Corporation No. 187

Defendant (respondent)

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether the motion judge erred in refusing an adjournment
  3. 3 Whether the appellant had standing to sue the condominium corporation under the Condominium Act

Ratio Decidendi

The appeal is dismissed because the fresh evidence could have been obtained with due diligence and would not have affected the result, the motion judge reasonably refused the adjournment, the appellant lacked standing to sue the condominium corporation under the Condominium Act, and the remaining allegations failed to raise a genuine issue for trial; the costs award was not reviewable.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment dismissing the appellant's action affirmed
  • Motion to file fresh evidence dismissed