Halton Condominium Corporation No. 242 v. Law Development Group (Georgetown) Limited

Halton Condominium Corporation No. 242 v. Law Development Group (Georgetown) Limited

Although the Court of Appeal expressed doubt as to its jurisdiction to grant the Rule 59.06 relief after the appeal was disposed, because no objection was raised it considered the motion and dismissed it on the merits for failure to produce proper supporting material and because the relief was not sought when the appeal was heard; the respondent may reapply to the Superior Court of Justice with appropriate material.

Citation
C40914, M31846
Parties
Plaintiff/respondent: Halton Condominium Corporation No. 242; Defendant/appellant: Law Development Group (Georgetown) Limited; Defendant/appellant: The Corporation of the Town of Halton Hills; Defendant/appellant: The Ontario New Home Warranty Program
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 November 2004
Procedural Posture
Civil Appeal / Post Appeal Motion to Vary Order (motion Under Rule 59.06)
Outcome
Motion dismissed without prejudice to bringing the motion in the Superior Court of Justice; no costs awarded.
Legal Topics
Setting Aside Default Judgment, Jurisdiction of Appellate Court to Grant Post Decision Relief, Security for Costs, Registration/maintenance of Writs
Source Language
English
Civil Procedure Appeal Property Enforcement Setting Aside Default Judgment Jurisdiction of Appellate Court to Grant Post Decision Relief Security for Costs Registration/maintenance of Writs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Halton Condominium Corporation No. 242

Plaintiff/respondent

Law Development Group (Georgetown) Limited

Defendant/appellant

The Corporation of the Town of Halton Hills

Defendant/appellant

The Ontario New Home Warranty Program

Defendant/appellant

Procedural Posture

Civil Appeal / Post Appeal Motion to Vary Order (motion Under Rule 59.06)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant relief under Rule 59.06 after the appeal was disposed of
  2. 2 Whether relief in the form of security for future costs, security for judgment amount and maintenance of writs should be granted as terms of setting aside a default judgment
  3. 3 Whether the respondent provided proper supporting material to justify the relief sought

Ratio Decidendi

Although the Court of Appeal expressed doubt as to its jurisdiction to grant the Rule 59.06 relief after the appeal was disposed, because no objection was raised it considered the motion and dismissed it on the merits for failure to produce proper supporting material and because the relief was not sought when the appeal was heard; the respondent may reapply to the Superior Court of Justice with appropriate material.

Court Disposition

Motion dismissed without prejudice to bringing the motion in the Superior Court of Justice; no costs awarded.

Orders

  • Motion dismissed
  • Dismissed without prejudice to respondent's entitlement to move in the Superior Court of Justice on proper material