Bank of Montreal v. Woldegabriel

Bank of Montreal v. Woldegabriel

The motion was dismissed because the order appealed was interlocutory so the Court of Appeal lacked jurisdiction to hear the appeal or the associated stay application, and because no material had been filed challenging the criminal conviction which was the sole foundation for any stay, making there be no basis to...

Source-derived case information.

Citation
2008 ONCA 782
Parties
Respondent (plaintiff): Bank of Montreal; Appellant (defendant): Jennifer Woldegabriel
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
21 November 2008
Procedural Posture
Collection / Interlocutory Appeal; Motion to Stay Execution of Writs
Outcome
Motion dismissed; appeal not entertained for lack of jurisdiction
Legal Topics
Stay of Execution, Interlocutory Appeal, Abuse of Process, Summary Judgment Based on Criminal Conviction, Ineffective Assistance of Counsel, Costs
Source Language
english
Civil Criminal Law Procedure Appeals Stay of Execution Interlocutory Appeal Abuse of Process Summary Judgment Based on Criminal Conviction +2 more

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Summary, issues, holding and outcome

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Parties

Bank of Montreal

Respondent (plaintiff)

Jennifer Woldegabriel

Appellant (defendant)

Procedural Posture

Collection / Interlocutory Appeal; Motion to Stay Execution of Writs

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from an interlocutory endorsement refusing to schedule a motion
  2. 2 Whether a stay of execution of writs should be granted absent material challenging the underlying criminal conviction
  3. 3 Whether the applicant's failure to file supporting material justifies dismissal of the motion

Ratio Decidendi

The motion was dismissed because the order appealed was interlocutory so the Court of Appeal lacked jurisdiction to hear the appeal or the associated stay application, and because no material had been filed challenging the criminal conviction which was the sole foundation for any stay, making there be no basis to stay execution of the writs.

Court Disposition

Motion dismissed; appeal not entertained for lack of jurisdiction

Orders

  • Motion to stay execution dismissed
  • No stay of execution of the writs granted