Riley v. Investors Group Trust Company Limited
The Court set aside the order of Chadwick J. without prejudice to the rights of the parties, thereby leaving unresolved issues open for new proceedings if so advised, and fixed costs to the respondents at $9,000 inclusive.
Source-derived case information.
- Citation
- C39696
- Parties
- Plaintiff/respondent; Defendant by Counterclaim/appellant: Susan E. Riley; Defendant/appellant; Plaintiff by Counterclaim/respondent: Investors Group Trust Company Limited; Defendant/appellant; Defendant by Counterclaim/appellant: Terrence Guilbault; Defendant by Counterclaim/appellant: Gowling, Strathy & Henderson
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 December 2003
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court Order Dated February 12, 2003
- Outcome
- Order of Justice Chadwick dated February 12, 2003 set aside without prejudice to the parties' rights
- Legal Topics
- Setting Aside Order, Costs, Permission to Commence New Proceedings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan E. Riley
Plaintiff/respondent; Defendant by Counterclaim/appellant
Investors Group Trust Company Limited
Defendant/appellant; Plaintiff by Counterclaim/respondent
Terrence Guilbault
Defendant/appellant; Defendant by Counterclaim/appellant
Gowling, Strathy & Henderson
Defendant by Counterclaim/appellant
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Order Dated February 12, 2003
Legal Issues
- 1 Whether the order of Justice Chadwick dated February 12, 2003 should be set aside
- 2 Whether the parties should be permitted to commence new proceedings in respect of issues not dealt with by Chadwick J.
- 3 What costs award is appropriate
Ratio Decidendi
The Court set aside the order of Chadwick J. without prejudice to the rights of the parties, thereby leaving unresolved issues open for new proceedings if so advised, and fixed costs to the respondents at $9,000 inclusive.
Court Disposition
Order of Justice Chadwick dated February 12, 2003 set aside without prejudice to the parties' rights
Orders
- Order of Chadwick J. dated February 12, 2003 set aside without prejudice to the rights of the parties
- Parties at liberty to start new proceedings, including issues not dealt with by Chadwick J.
Full Case Text
Judgment text and source record
1 paragraphs
Riley v. Investors Group Trust Company Limited Collection Decisions of the Court of Appeal Date 2003-12-11 Docket numbers C39696 Judges Labrosse, Jean-Marc; Sharpe, Robert J.; Armstrong, Robert Patrick Subject Civil Decision Content DATE: 20031211 DOCKET: C39696 COURT OF APPEAL FOR ONTARIO RE: SUSAN E. RILEY (Plaintiff/Respondent) –and– INVESTORS GROUP TRUST COMPANY LIMITED and TERRENCE GUILBAULT (Defendants/Appellants) AND RE: INVESTORS GROUP TRUST CO. LTD. (Plaintiff by Counterclaim/Respondent) –and– SUSAN ELIZABETH RILEY, TERRENCE GUILBAULT and GOWLING, STRATHY & HENDERSON (Defendants by Counterclaim/Appellants) BEFORE: LABROSSE, SHARPE and ARMSTRONG JJ.A. COUNSEL: Kevin R. Aalto and Benjamin LaBorie for the defendant (appellant)/defendant by counterclaim (appellant) Terrence Guilbault Keith A. MacLaren for the plaintiff (respondent)/defendant by counterclaim (appellant) Susan E. Riley HEARD & ENDORSED: December 11, 2003 On appeal from the order of Justice James B. Chadwick of the Superior Court of Justice dated February 12, 2003. APPEAL BOOK ENDORSEMENT [1] The order of Chadwick J. dated February 12, 2003 is hereby set aside without prejudice to the rights of the parties. Parties to be at liberty to start new proceedings, if so advised, including the issues that have not been dealt with by Chadwick J. [2] Costs to the respondents fixed at $9,000.00, all inclusive.