General Publishing Co. Limited (Re)
The Court of Appeal found no reversible error in Ground J.'s reasoning (paras. 6-8), agreed with his decision, dismissed the appeal and fixed costs at $10,000; the record did not justify overturning the Superior Court's order.
Source-derived case information.
- Citation
- C40561
- Parties
- Appellant: ACE INA Insurance; Respondent: Bank of Nova Scotia; Respondents: Jack Stoddart et al.; Debtor: General Publishing Co. Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 January 2004
- Procedural Posture
- Application Under the Companies' Creditors Arrangement Act; Appeal From Superior Court Order / Court of Appeal Decision on Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Companies' Creditors Arrangement Act, Plan of Compromise or Arrangement, Costs, Standard of Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ACE INA Insurance
Appellant
Bank of Nova Scotia
Respondent
Jack Stoddart et al.
Respondents
General Publishing Co. Limited
Debtor
Procedural Posture
Application Under the Companies' Creditors Arrangement Act; Appeal From Superior Court Order / Court of Appeal Decision on Appeal From Superior Court of Justice
Legal Issues
- 1 Whether the Superior Court order should be set aside
- 2 Whether the reasons in paras. 6-8 of Ground J.'s endorsement contained reversible error
- 3 Appropriate quantum of costs
Ratio Decidendi
The Court of Appeal found no reversible error in Ground J.'s reasoning (paras. 6-8), agreed with his decision, dismissed the appeal and fixed costs at $10,000; the record did not justify overturning the Superior Court's order.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed in the total sum of $10,000
Full Case Text
Judgment text and source record
1 paragraphs
General Publishing Co. Limited (Re) Collection Decisions of the Court of Appeal Date 2004-01-12 Docket numbers C40561 Judges Catzman, Marvin Adrian; Laskin, John Ivan; Borins, Stephen Subject Civil Decision Content DATE: 20040112 DOCKET: C40561 COURT OF APPEAL FOR ONTARIO IN THE MATTER OF AN APPLICATION UNDER THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-43 AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF GENERAL PUBLISHING CO. LIMITED, GENERAL DISTRIBUTION SERVICES LIMITED, STODDART PUBLISHING CO. LIMITED, THE BOSTON MILLS PRESS LTD. and HOUSE OF ANANSI PRESS LIMITED and IRWIN PUBLISHING LTD. BEFORE: CATZMAN, LASKIN and BORINS JJ.A. COUNSEL: Howard Borlack and Lisa La Horey for the appellant ACE INA Insurance J.D. Marshall for the respondent Bank of Nova Scotia Jeffrey Brown for the respondents Jack Stoddart et al. HEARD & ENDORSED: January 12, 2004 On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated January 22, 2003 and from the decision on costs dated March 26, 2003. APPEAL BOOK ENDORSEMENT [1] We agree with the decision of Ground J. and with his reasoning as it appears in paras. 6, 7 and 8 of his endorsement. [2] The appeal is dismissed with costs fixed in the total sum of $10,000.