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Civil Litigation Dicta - Orders - SAMPLES. Mohammed v Koirala
In Mohammed v Koirala (Div Court, 2023) the Divisional Court publishes a formal order, here quashing a landlord and tenant appeal:ORDER
(November 24, 2023)
THIS MOTION brought by the Moving Parties (Respondents to the Appeal), Dhruba and Bindu Koirala (“Moving Parties” or “Landlord”), by Notice of Motion, dated October 24, 2023, for relief against the Responding Parties (Appellants in this proceeding) Ahmed Mohammed, Mohammed T.M Eltahir, Mashaier M.S. Abdalla, and Amr Mohammed (“Tenants”), was heard on Friday, November 24, 2023, at the Court House at 130 Queen Street West, Toronto, Ontario, in the presence of the lawyers for the Applicants and Respondents.
ON READING the Notice of Appeal, dated October 16, 2023, the Notice of Motion to Quash the Appeal, dated October 24, 2023, the Landlord’s affidavit dated October 26, 2023 and the attachments thereto, and the Tenants’ Notice of Abandonment, dated November 10, 2023, and upon hearing submissions from counsel for the Landlord, former counsel for the Tenants, and from the Tenant, Mashaier Abdalla;
1. THIS COURT ORDERS that the Landlord’s motion is hereby granted and the appeal is quashed;
2. THIS COURT FURTHER ORDERS THAT the Tenants are liable to pay partial indemnity costs to the Landlord, fixed at $4,599.10, inclusive of taxes and disbursements, less the $4,500.00 paid by the Tenants by e-transfer on October 24, 2023, which shall be applied to partially satisfy this costs award.
This Order bears post-judgment interest at the rate of 7.0% commencing November 24, 2023.
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