HJLJ Investments Limited v. 2305106 Ontario Inc.
The Court concluded the judge below applied correct legal principles and made findings fully supported by the record; no palpable and overriding error was shown, therefore the appeal was dismissed and costs of $9,000 awarded to the respondent, payable and deductible from the appellant's entitlement to funds held in...
Source-derived case information.
- Citation
- 2017 ONCA 213
- Parties
- Plaintiff (respondent in Appeal): HJLJ Investments Limited; Defendant: 2305106 Ontario Inc.; Respondent (appellant in Appeal): 2294105 Ontario Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 March 2017
- Procedural Posture
- Civil / Appeal to the Court of Appeal From an Order of the Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Appellate Review of Findings of Fact and Mixed Fact and Law, Costs Award, Deduction From Trust Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HJLJ Investments Limited
Plaintiff (respondent in Appeal)
2305106 Ontario Inc.
Defendant
2294105 Ontario Inc.
Respondent (appellant in Appeal)
Procedural Posture
Civil / Appeal to the Court of Appeal From an Order of the Superior Court of Justice
Legal Issues
- 1 Whether the appellate court should interfere with the trial judge's findings of fact and mixed fact and law
- 2 Whether the respondent was entitled to an award of costs and to have those costs deducted from funds held in trust
Ratio Decidendi
The Court concluded the judge below applied correct legal principles and made findings fully supported by the record; no palpable and overriding error was shown, therefore the appeal was dismissed and costs of $9,000 awarded to the respondent, payable and deductible from the appellant's entitlement to funds held in trust by respondent's counsel.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Respondent entitled to costs in the amount of $9,000
Full Case Text
Judgment text and source record
1 paragraphs
HJLJ Investments Limited v. 2305106 Ontario Inc. Collection Decisions of the Court of Appeal Date 2017-03-14 Neutral citation 2017 ONCA 213 Docket numbers C61274 Judges Hoy, Alexandra; Gillese, Eileen E.; Brown, David M. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: HJLJ Investments Limited v. 2305106 Ontario Inc., 2017 ONCA 213 DATE: 20170313 DOCKET: C61274 Hoy A.C.J.O., Gillese and Brown JJ.A. BETWEEN HJLJ Investments Limited Plaintiff (Respondent in Appeal) and 2305106 Ontario Inc. Defendant and 2294105 Ontario Inc. Respondent (Appellant in Appeal) David A. Brooker, for the appellant Stephen Schwartz, for the respondent Heard: March 10, 2017 On appeal from the order of Justice Fitzpatrick of the Superior Court of Justice, dated October 13, 2015. APPEAL BOOK ENDORSEMENT [1] The judge below articulated the correct legal principles and made findings of fact and mixed fact and law that were fully supported by the record. [2] We are not persuaded by the appellant that there is any basis to interfere with the order below. [3] This appeal is dismissed. [4] The respondent shall be entitled to costs in the amount of $9,000, which may be deducted and paid out of the appellant’s entitlement to the funds held in trust by respondent’s counsel.