Royal Bank of Canada v. 2021847 Ontario Limited
Because the appellants produced no substantial evidence and the question whether the sale was improvident was a pure question of law with no disputed facts, summary judgment was properly entered and the appeal was dismissed.
Source-derived case information.
- Citation
- 2008 ONCA 628
- Parties
- Respondent: Royal Bank of Canada; Appellant: 2021847 Ontario Limited; Appellant: Pelee Hydrofoil Corporation; Appellant: Martin Sear; Appellant: Penelope Sear; Appellant: Russell Newton; Appellant: James Kreuttner; Appellant: Maged Salek-Farat Attia a.k.a. Magad Salek-Farag Attia
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 September 2008
- Procedural Posture
- Collection / Appeal From Superior Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Improvident Sale, Summary Judgment, Receivership Sales, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Royal Bank of Canada
Respondent
2021847 Ontario Limited
Appellant
Pelee Hydrofoil Corporation
Appellant
Martin Sear
Appellant
Penelope Sear
Appellant
Russell Newton
Appellant
James Kreuttner
Appellant
Maged Salek-Farat Attia a.k.a. Magad Salek-Farag Attia
Appellant
Procedural Posture
Collection / Appeal From Superior Court Decision
Legal Issues
- 1 Whether the receiver conducted an improvident sale of the hydrofoil vessels
- 2 Whether summary judgment was appropriate where the only issue is one of law
Ratio Decidendi
Because the appellants produced no substantial evidence and the question whether the sale was improvident was a pure question of law with no disputed facts, summary judgment was properly entered and the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $7,300 inclusive of disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Royal Bank of Canada v. 2021847 Ontario Limited Collection Decisions of the Court of Appeal Date 2008-09-12 Neutral citation 2008 ONCA 628 Docket numbers C48256 Judges Rosenberg, Marc; Borins, Stephen; Gillese, Eileen E. Subject Civil Decision Content CITATION: Royal Bank of Canada v. 2021847 Ontario Limited, 2008 ONCA 628 DATE: 20080912 DOCKET: C48256 COURT OF APPEAL FOR ONTARIO Rosenberg, Borins and Gillese JJ.A. BETWEEN: Royal Bank of Canada Plaintiff (Respondent) and 2021847 Ontario Limited, Pelee Hydrofoil Corporation, Martin Sear, Penelope Sear, Russell Newton, James Kreuttner and Maged Salek-Farat Attia, a.k.a. Magad Salek-Farag Attia Defendants (Appellants) Graydon Sheppard for the appellants, Martin Sear, Penelope Sear, Russell Newton and James Kreuttner Duncan M. MacFarlane Q.C. for the respondent Heard: September 11, 2008 On appeal from the Justice John E. Sheppard of the Superior Court of Justice dated December 19, 2007. APPEAL BOOK ENDORSEMENT [1] The defence presented was that the receiver had conducted an improvident sale of the hydrofoil vessels. The defence presented no substantial evidence in support of their defence. Rather, they simply criticized the receiver’s marketing efforts as being inadequate. [2] The court can grant summary judgment where the only issue is an issue of law. There were no facts in dispute. The only issue was whether there had been an improvident sale, which is an issue of law. This is what the motion judge decided. [3] Accordingly, the appeal is dismissed with costs fixed at $7,300 inclusive of disbursements and G.S.T.