Katzman v. Patterson Dental Canada Inc.
The motion judge's factual finding that there was no evidence of initiation of the proceedings and that there was no issue requiring trial was correct; therefore the appeal is dismissed and the motion judge's order stands.
Source-derived case information.
- Citation
- C41263
- Parties
- Plaintiff (appellant): Sydney Katzman; Defendant (respondent): Patterson Dental Canada Inc.; Defendant (respondent): Norma Grootveld; Defendant (respondent): Canadian Imperial Bank of Commerce; Defendant (respondent): Lidelmar Fernandez
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 September 2004
- Procedural Posture
- Civil / Appeal From Superior Court Judgment (motion Endorsement)
- Outcome
- Appeal dismissed
- Legal Topics
- Dismissal for No Issue to Be Tried, Initiation of Proceedings, Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sydney Katzman
Plaintiff (appellant)
Patterson Dental Canada Inc.
Defendant (respondent)
Norma Grootveld
Defendant (respondent)
Canadian Imperial Bank of Commerce
Defendant (respondent)
Lidelmar Fernandez
Defendant (respondent)
Procedural Posture
Civil / Appeal From Superior Court Judgment (motion Endorsement)
Legal Issues
- 1 Whether there was evidence that the respondents initiated the proceedings
- 2 Whether there was any issue requiring a trial
- 3 Whether the motion judge's decision should be overturned on appeal
Ratio Decidendi
The motion judge's factual finding that there was no evidence of initiation of the proceedings and that there was no issue requiring trial was correct; therefore the appeal is dismissed and the motion judge's order stands.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $5,000
Full Case Text
Judgment text and source record
1 paragraphs
Katzman v. Patterson Dental Canada Inc. Collection Decisions of the Court of Appeal Date 2004-09-16 Docket numbers C41263 Judges Labrosse, Jean-Marc; Goudge, Stephen Thomas; Blair, Robert Ashley Subject Civil Decision Content DATE: 20040916 DOCKET: C41263 COURT OF APPEAL FOR ONTARIO RE: SYDNEY KATZMAN (Plaintiff (Appellant) – And – PATTERSON DENTAL CANADA INC., NORMA GROOTVELD, CANADIAN IMPERIAL BANK OF COMMERCE and LIDELMAR FERNANDEZ (Defendants (Respondents)) BEFORE: LABROSSE, GOUDGE AND BLAIR JJ.A. COUNSEL: Steven Bellissimo for the appellant Michael Shell and Michelle Fernando for the respondents Patterson Dental Canada Inc. and Norma Grootveld Lisa Corne for the respondent CIBC HEARD & ENDORSED: September 14, 2004 On appeal from the judgment of Justice Janet Wilson of the Superior Court of Justice dated December 29, 2003. APPEAL BOOK ENDORSEMENT [1] In our view there was no evidence of the initiating of the proceedings by the respondents. There was no issue requiring trial. We agree with the reasons of the motion judge. The appeal is dismissed. Costs fixed at $5,000. CIBC not seeking costs.