After nearly a decade of delay, the brokerage's key witness can no longer testify

A real estate brokerage will not have to defend a decade-old wrongful dismissal claim, after an Ontario judge refused to revive the case in part because the worker's supervisor, the company's key witness, can no longer testify.

On June 8, 2026, Associate Justice Jolley of the Ontario Superior Court of Justice dismissed Hooshfar Rokni Pezeshkian's motion to set aside the registrar's dismissal of his action against Re/Max Realtron Realty Inc. The ruling leaves the claim permanently dismissed and orders Pezeshkian to pay the brokerage $23,000 in all-inclusive costs.

Pezeshkian commenced his action in 2015. The registrar dismissed it for delay on Oct. 7, 2024, an order he says he learned of only in May 2025 when he tried to file his trial record. He brought this motion to have the dismissal set aside and the action restored.

He had obtained three separate timetable orders, in 2021, 2022, and 2023, each meant to push the case toward trial. After each one, the court found, the deadlines slipped. Associate Justice Jolley found his failure to set the action down for trial by the final extended deadline of May 31, 2024, critical.

The years the plaintiff didn’t explain

Associate Justice Jolley focused on a stretch the plaintiff never accounted for. While his submissions explained the gap between 2021 and 2025, the six years from 2015 to 2021 went unexplained, with little happening beyond a single...

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