Heffner Auto Sales And Leasing Inc. v. Communiteq Systems Inc.

Heffner Auto Sales And Leasing Inc. v. Communiteq Systems Inc.

The Court of Appeal agreed with the motions judge that the facts established conversion by the defendants, dismissed the appeal, and upheld an award of costs to the respondent on a partial indemnity basis.

Citation
C41603
Parties
Plaintiff/respondent: Heffner Auto Sales And Leasing Inc.; Defendant/appellant: Communiteq Systems Inc.; Defendant/appellant: Peter A. Stevens; Defendant/appellant: Rental Direct Incorporated; Defendant/appellant: Charles E. Broadwell
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 September 2004
Procedural Posture
Collection / Appeal From Superior Court Judgment
Outcome
Appeal dismissed
Legal Topics
Conversion, Costs
Source Language
English
Civil Property Tort Conversion Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Heffner Auto Sales And Leasing Inc.

Plaintiff/respondent

Communiteq Systems Inc.

Defendant/appellant

Peter A. Stevens

Defendant/appellant

Rental Direct Incorporated

Defendant/appellant

Charles E. Broadwell

Defendant/appellant

Procedural Posture

Collection / Appeal From Superior Court Judgment

Legal Issues

  1. 1 Whether the defendants committed conversion of the plaintiff's property
  2. 2 Whether the respondent was entitled to costs and the appropriate scale of costs

Ratio Decidendi

The Court of Appeal agreed with the motions judge that the facts established conversion by the defendants, dismissed the appeal, and upheld an award of costs to the respondent on a partial indemnity basis.

Court Disposition

Appeal dismissed

Orders

  • Costs to the respondent on a partial indemnity basis fixed at $6,753.99 inclusive of disbursements and GST