Hitti v. Maranello Sports Inc. (Ferrari of Ontario)

Hitti v. Maranello Sports Inc. (Ferrari of Ontario)

Hitti lacked authority to commence or continue the appeal on behalf of 285 because a Superior Court order removed his authority; the purported assignments were invalid and made to defeat that order; the current corporate management will not pursue or pay for the Vehicle rendering the appeal moot; accordingly the appeal is dismissed and both the Consent Order and the Registrar’s Continuation Order are set aside; costs fixed at $40,000.

Citation
2023 ONCA 633
Parties
Applicant/appellant: Ronald Hitti; Applicant/appellant: 285 Spadina SPV Inc.; Respondent/moving Party: Maranello Sports Inc. o/a Ferrari of Ontario
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
25 September 2023
Procedural Posture
Civil Appeal From Dismissal of Application for Specific Performance / Court of Appeal Motions to Dismiss Appeal and to Set Aside Orders
Outcome
Both motions granted; notice of appeal struck; appeal dismissed; Consent Order and Registrar's Continuation Order set aside; costs awarded to Respondent.
Legal Topics
Specific Performance, Standing/authority to Appeal, Mootness, Consent Order Set Aside for Fraud/after Discovered Facts, Registrar Continuation of Interest, Costs
Source Language
English
Civil Contract Civil Procedure Specific Performance Standing/authority to Appeal Mootness Consent Order Set Aside for Fraud/after Discovered Facts Registrar Continuation of Interest +1 more

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Parties

Ronald Hitti

Applicant/appellant

285 Spadina SPV Inc.

Applicant/appellant

Maranello Sports Inc. o/a Ferrari of Ontario

Respondent/moving Party

Procedural Posture

Civil Appeal From Dismissal of Application for Specific Performance / Court of Appeal Motions to Dismiss Appeal and to Set Aside Orders

Legal Issues

  1. 1 Whether Ronald Hitti had authority to commence or continue the appeal on behalf of 285 Spadina SPV Inc.
  2. 2 Whether purported assignments of the corporate appellant’s interest (to Hitti and then to 15080525 Canada Corp.) were valid or fraudulent and could continue the appeal
  3. 3 Whether the appeal is moot given current corporate management will not pursue performance or take delivery of the Vehicle

Ratio Decidendi

Hitti lacked authority to commence or continue the appeal on behalf of 285 because a Superior Court order removed his authority; the purported assignments were invalid and made to defeat that order; the current corporate management will not pursue or pay for the Vehicle rendering the appeal moot; accordingly the appeal is dismissed and both the Consent Order and the Registrar’s Continuation Order are set aside; costs fixed at $40,000.

Court Disposition

Both motions granted; notice of appeal struck; appeal dismissed; Consent Order and Registrar's Continuation Order set aside; costs awarded to Respondent.

Orders

  • Strike the notice of appeal and dismiss the appeal
  • Set aside the Consent Order dated March 10, 2023