Weinberg, Re

Weinberg, Re

The Prothonotary did not err in exercising discretion to adjourn the motions sine die (effectively stay) and defer the solicitor disqualification issue to the Superior Court of Quebec as the more appropriate forum; therefore the appeal is dismissed and the stay/adjournment stands subject to reactivation if circumstances warrant.

Citation
2006 FC 689
Parties
Judgment Creditor: Her Majesty in Right of Canada; Judgment Debtor: Ronald Weinberg; Garnishee: Transamerica Life Canada; Intervener / Creditor: Cinar Corporation et al
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 June 2006
Procedural Posture
Garnishment Proceedings Under the Income Tax Act / Appeal From Prothonotary's Adjournment/sine Die Order (motions Stayed)
Outcome
Appeal dismissed with costs in favour of Mr. Weinberg
Legal Topics
Income Tax Act Certification, Garnishment Under Federal Courts Rules (rule 449 451), Intervention by Competing Creditor, Disqualification of Counsel for Conflict of Interest, Stay/adjournment Discretion, Mareva Injunction and Competing Creditor Priority, Sale of Wasting Asset (rule 379)
Source Language
English
Tax Law Civil Procedure Enforcement and Garnishment Conflict of Interest / Professional Conduct Injunctions and Equitable Remedies Income Tax Act Certification Garnishment Under Federal Courts Rules (rule 449 451) Intervention by Competing Creditor +4 more

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Parties

Her Majesty in Right of Canada

Judgment Creditor

Ronald Weinberg

Judgment Debtor

Transamerica Life Canada

Garnishee

Cinar Corporation et al

Intervener / Creditor

Procedural Posture

Garnishment Proceedings Under the Income Tax Act / Appeal From Prothonotary's Adjournment/sine Die Order (motions Stayed)

Legal Issues

  1. 1 Whether the Prothonotary properly exercised discretion in adjourning motions sine die (effectively staying proceedings)
  2. 2 Whether the Federal Court should order payment of garnished RRSP to the Crown now or require deposit into Court
  3. 3 Whether the Superior Court of Quebec is the appropriate forum to determine disqualification of Cinar's solicitors for conflict of interest

Ratio Decidendi

The Prothonotary did not err in exercising discretion to adjourn the motions sine die (effectively stay) and defer the solicitor disqualification issue to the Superior Court of Quebec as the more appropriate forum; therefore the appeal is dismissed and the stay/adjournment stands subject to reactivation if circumstances warrant.

Court Disposition

Appeal dismissed with costs in favour of Mr. Weinberg

Orders

  • Appeal of the order of Prothonotary Morneau dated 28 April 2006 is dismissed with costs in favour of Mr. Weinberg
  • Cinar and Transamerica shall not be awarded costs of the appeal as they did not participate in the appeal