ACT Greenwood Ltd. v. Desjardins-McLeod
Because the respondent requested payment and the appellants advised they were unopposed, the Court ordered the funds held by the Accountant of the Superior Court of Justice for the action be paid out to the respondent.
Source-derived case information.
- Citation
- 2019 ONCA 585
- Parties
- Appellant: ACT Greenwood Ltd., c.o.b. as ACT Greenwood Office Management; Appellant: Dr. Clement Sun; Respondent: Jocelin Desjardins-McLeod
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 July 2019
- Procedural Posture
- Civil / Appeal – Supplementary Reasons After Court of Appeal Judgment
- Outcome
- Ordered that the funds held by the Accountant of the Superior Court of Justice to the credit of action CV 15 538027, account 541728, be paid to the respondent Jocelin Desjardins-McLeod.
- Legal Topics
- Security for Costs, Payment of Funds Held by the Accountant of the Superior Court of Justice, Consent Orders, Supplementary Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ACT Greenwood Ltd., c.o.b. as ACT Greenwood Office Management
Appellant
Dr. Clement Sun
Appellant
Jocelin Desjardins-McLeod
Respondent
Procedural Posture
Civil / Appeal – Supplementary Reasons After Court of Appeal Judgment
Legal Issues
- 1 Whether funds paid into court as security for costs should be paid out to the respondent
- 2 Whether the court should order payment out of funds held by the Accountant of the Superior Court of Justice where parties consent
Ratio Decidendi
Because the respondent requested payment and the appellants advised they were unopposed, the Court ordered the funds held by the Accountant of the Superior Court of Justice for the action be paid out to the respondent.
Court Disposition
Ordered that the funds held by the Accountant of the Superior Court of Justice to the credit of action CV 15 538027, account 541728, be paid to the respondent Jocelin Desjardins-McLeod.
Orders
- The funds held by the Accountant of the Superior Court of Justice to the credit of action CV 15 538027, in account 541728, shall be paid out to the respondent, Jocelin Desjardins-McLeod.
Full Case Text
Judgment text and source record
1 paragraphs
ACT Greenwood Ltd. v. Desjardins-McLeod Collection Decisions of the Court of Appeal Date 2019-07-09 Neutral citation 2019 ONCA 585 Docket numbers C65412 Judges Pepall, Sarah E.; Trotter, Gary T.; Harvison Young, Alison Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: ACT Greenwood Ltd. v. Desjardins-McLeod, 2019 ONCA 585 DATE: 20190709 DOCKET: C65412 Pepall, Trotter and Harvison Young JJ.A. BETWEEN ACT Greenwood Ltd., c.o.b. as ACT Greenwood Office Management and Dr. Clement Sun Plaintiffs (Appellants) and Jocelin Desjardins-McLeod Defendant (Respondent) Robert Harrison and Zohar Levy, for the appellants Justin Necpal and Anisah Hassan, for the respondent Heard: February 6, 2019 Supplementary reasons to the judgment in ACT Greenwood Ltd. v. Desjardins-McLeod, 2019 ONCA 158, released on February 28, 2019. ADDENDUM [1] On February 28, 2019, this court released its decision allowing the appeal in part: ACT Greenwood Ltd. v. Desjardins-McLeod, 2019 ONCA 158. [2] Subsequent to the release of the decision, counsel for the respondent requested that this court order that funds paid into court by the appellants to the credit of the action as security for costs be paid out of court to the respondent. Counsel for the appellants has advised that his clients are unopposed to this requested order. [3] In the circumstances, we order that the funds held by the Accountant of the Superior Court of Justice to the credit of action CV 15 538027, in account 541728, be paid out to the respondent, Jocelin Desjardins-McLeod. “S.E. Pepall J.A.” “G.T. Trotter J.A.” “A. Harvison Young J.A.”