Royal Bank of Canada v. 1227942 Ontario Limited
The court allowed the appeal, set aside paragraph 3 of the motion judge's November 25, 2010 order because it conflicted with the prior April 18, 2007 order, and remitted the question of the Equitable Receiver's and counsel's fees and disbursements to the motion judge for reassessment; the court further ordered that...
Source-derived case information.
- Citation
- 2012 ONCA 332
- Parties
- Respondent: Royal Bank of Canada; Appellant: 1227942 Ontario Limited; Appellant: 1227944 Ontario Limited; Appellant: Victor Vetro also known as Vittorrio Joseph Vetro; Appellant: Linda Montanari
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 18 May 2012
- Procedural Posture
- Collection / Appeal From Superior Court Motion Judge Order (baltman J.)
- Outcome
- Appeal allowed in part; paragraph 3 of the November 25, 2010 order set aside and matter referred back to the motion judge for reassessment; stay on dispersal of sale proceeds until entitlement determined; costs to appellant $10,000 inclusive.
- Legal Topics
- Costs Assessment, Equitable Receiver Fees, Reassessment of Fees, Stay on Distribution, Interpretation of Prior Court Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Bank of Canada
Respondent
1227942 Ontario Limited
Appellant
1227944 Ontario Limited
Appellant
Victor Vetro also known as Vittorrio Joseph Vetro
Appellant
Linda Montanari
Appellant
Procedural Posture
Collection / Appeal From Superior Court Motion Judge Order (baltman J.)
Legal Issues
- 1 Whether paragraph 3 of the motion judge's order improperly charged Montanari with equitable receiver fees incurred after she satisfied the judgment on April 27, 2007
- 2 Whether the motion judge failed to give effect to the prior April 18, 2007 order of Justice Quigley allocating post-payment fees to Vetro
- 3 Whether proceeds of sale should be withheld pending determination of entitlement to receiver fees
Ratio Decidendi
The court allowed the appeal, set aside paragraph 3 of the motion judge's November 25, 2010 order because it conflicted with the prior April 18, 2007 order, and remitted the question of the Equitable Receiver's and counsel's fees and disbursements to the motion judge for reassessment; the court further ordered that proceeds of the imminent sale not be disbursed until entitlement issues are determined and awarded costs to the appellant in the amount of $10,000.
Court Disposition
Appeal allowed in part; paragraph 3 of the November 25, 2010 order set aside and matter referred back to the motion judge for reassessment; stay on dispersal of sale proceeds until entitlement determined; costs to appellant $10,000 inclusive.
Orders
- Leave to appeal granted
- Paragraph 3 of the November 25, 2010 order set aside
Full Case Text
Judgment text and source record
1 paragraphs
Royal Bank of Canada v. 1227942 Ontario Limited Collection Decisions of the Court of Appeal Date 2012-05-18 Neutral citation 2012 ONCA 332 Docket numbers C54896 Judges O’Connor, Dennis; Feldman, Kathryn N.; Ducharme, Edward W. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Royal Bank of Canada v. 1227942 Ontario Limited, 2012 ONCA 332 DATE: 20120518 DOCKET: C54896 O’Connor A.C.J.O., Feldman and Ducharme JJ.A. BETWEEN Royal Bank of Canada Respondent and 1227942 Ontario Limited, 1227944 Ontario Limited, Victor Vetro also known as Vittorrio Joseph Vetro and Linda Montanari Moving Parties (Appellants) Alan S. Price, for the moving parties (appellants) Milton A. Davis, for the respondent Heard and released orally: May 14, 2012 On appeal from the order of Justice Baltman of the Superior Court of Justice, dated November 10, 2010. ENDORSEMENT [1] The appellant, Montanari, appeals para. 3 of the order of Baltman J. (the motion judge) dated November 25, 2010, which reads as follows: THIS COURT ORDERS that the fees and disbursements of the Equitable Receiver and the Receiver and its counsel, as set out in the Reports and the Fee Affidavits, are hereby approved and that Linda Montanari and Victor Vetro shall pay to the Equitable Receiver the sum of $89,019.25 in consequence thereof and the sum of $2,500.00 for the costs of this motion. [2] The basis for the appeal relates to the April 18, 2007 order of Justice Quigley. That order provided that if Montanari paid RBC the amount of the outstanding judgment together with interest by April 27, 2007, any further equitable receivership costs would be to the account of Victor Vetro. [3] Montanari satisfied the judgment on April 27. The order under appeal included costs incurred after April 27. [4] It appears that Justice Quigley’s order was not brought to the motion judge’s attention. The respondent, RBC, agrees that para. 3 of the motion judge’s order is in error and that it should be set aside and returned to the motion judge to be dealt with in accordance with Justice Quigley’s order. [5] Accordingly, leave to appeal is granted and the appeal is allowed. Paragraph 3 of the November 25, 2010 order is set aside. The matter of the fees and disbursements addressed in para. 3 should be referred back to the motion judge for reassessment. [6] During oral argument, counsel informed the court that the equitable receiver will be completing the sale of 2425 Dalton Drive in the near future. We direct that the proceeds of the sale not be dispersed for the payment of the equitable receiver’s and its counsel’s fees and disbursements until all issues of entitlement are determined by the motion judge. [7] Costs to the appellant fixed in the amount of $10,000, inclusive of disbursements and applicable taxes. “D. O’Connor A.C.J.O.” “K. Feldman J.A.” “E. Ducharme J.A.”