601039 Ontario Limited v. First Ontario Credit Union Limited
The appeal was dismissed because the appellants were pursuing similar claims in a separate action and there was no basis to continue both the application and the action, so the motion judge correctly dismissed the application.
Source-derived case information.
- Citation
- 2009 ONCA 527
- Parties
- Appellant: 601039 Ontario Limited; Appellant: 1083257 Ontario Limited; Respondent: First Ontario Credit Union Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 June 2009
- Procedural Posture
- Civil Appeal / Appeal From Judgment of the Superior Court of Justice (decision of Justice B.h. Matheson Dated January 15, 2009)
- Outcome
- Appeal dismissed
- Legal Topics
- Duplicate Proceedings, Res Judicata, Issue Estoppel, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
601039 Ontario Limited
Appellant
1083257 Ontario Limited
Appellant
First Ontario Credit Union Limited
Respondent
Procedural Posture
Civil Appeal / Appeal From Judgment of the Superior Court of Justice (decision of Justice B.h. Matheson Dated January 15, 2009)
Legal Issues
- 1 Whether res judicata or issue estoppel arose from the court below
- 2 Whether the application should be dismissed because the appellants were pursuing similar claims in a separate action
- 3 Whether both the application and the separate action could properly continue
Ratio Decidendi
The appeal was dismissed because the appellants were pursuing similar claims in a separate action and there was no basis to continue both the application and the action, so the motion judge correctly dismissed the application.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs to the respondent fixed in the amount of $5,000 inclusive of disbursements and GST.
Full Case Text
Judgment text and source record
1 paragraphs
601039 Ontario Limited v. First Ontario Credit Union Limited Collection Decisions of the Court of Appeal Date 2009-06-29 Neutral citation 2009 ONCA 527 Docket numbers C50022 Judges O’Connor, Dennis; Laskin, John Ivan; Simmons, Janet M. Subject Civil Decision Content CITATION: 601039 Ontario Limited v. First Ontario Credit Union Limited, 2009 ONCA 527 DATE: 20090626 DOCKET: C50022 COURT OF APPEAL FOR ONTARIO O’Connor A.C.J.O., Laskin and Simmons JJ.A. BETWEEN: 601039 Ontario Limited and 1083257 Ontario Limited Appellants and First Ontario Credit Union Limited Respondent Glen Perinot, for the appellants Christopher Stanek, for the respondent Heard: June 26, 2009 On appeal from the judgment of Justice B.H. Matheson of the Superior Court of Justice dated January 15, 2009. APPEAL BOOK ENDORSEMENT [1] The appeal is dismissed. The respondent concedes that there are no issues of res judicata or issue estoppel arising from the decision or reasons of the court below. We agree. [2] The appellant is pursuing similar claims to those in this application in a separate action. There was no basis to continue both the application and the action. The judge below correctly dismissed the application. Costs to the respondent are fixed in the amount of $5,000, inclusive of disbursements and GST.