Cabott v. Urban Systems Ltd.

Because the appeal succeeded against the May 8, 2015 order, the August 31, 2015 ancillary order founded on it must also be set aside; damages and costs are remitted to the Supreme Court of Yukon for recalculation.

Citation: 2016 YKCA 9
Parties: Respondent (plaintiff): Lesley Cabott; Appellant (defendant): Urban Systems Ltd.
Court: Yukon Court of Appeal
Jurisdiction: Canada
Judgment Date: 28 June 2016
Procedural Posture: Civil Appeal / Supplementary Judgment
Outcome: Appeal allowed; May 8, 2015 and August 31, 2015 orders set aside; matter remitted to the Supreme Court of Yukon for determination of damages and costs.
Legal Topics: Setting Aside Orders, Ancillary Orders, Remittal to Trial Court, Quantification of Damages, Court of Appeal Powers
Source Language: English

Civil Procedure Appeals Damages Setting Aside Orders Ancillary Orders Remittal to Trial Court Quantification of Damages Court of Appeal Powers

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Party arguments 2

Parties

Lesley Cabott

Respondent (plaintiff)

Urban Systems Ltd.

Appellant (defendant)

Procedural Posture

Civil Appeal / Supplementary Judgment

Legal Issues

1 Whether an ancillary order founded on a primary order must be set aside when the primary order is reversed on appeal
2 Whether damages quantified in an ancillary order must be recalculated and remitted to the trial court

Ratio Decidendi

Court Disposition

Appeal allowed; May 8, 2015 and August 31, 2015 orders set aside; matter remitted to the Supreme Court of Yukon for determination of damages and costs.

Orders

May 8, 2015 order set aside
August 31, 2015 order set aside