Miracle v. Canada (Attorney General)
The Court upheld Justice Gillese's dismissal of the motion because the dispute had been fully and finally resolved by a consent settlement which barred the appellant's objection to the sale, and because the appellant failed to produce adequate evidence to support his asserted Métis/treaty claim; accordingly the stay...
Source-derived case information.
- Citation
- 2017 ONCA 174
- Parties
- Appellant: Andrew Clifford Miracle; Respondent: Her Majesty the Queen; Respondent: The Attorney General of Canada; Respondent: Tyendinaga Township; Respondent: HSBC Bank Canada; Respondent: Royal LePage ProAlliance Team Weir Brokerage
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 February 2017
- Procedural Posture
- Civil / Motion to Review Order Dismissing Stay Pending Appeal
- Outcome
- Motion dismissed
- Legal Topics
- Stay Pending Appeal, Injunction, Sale of Property, Consent Settlement, Treaty Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Clifford Miracle
Appellant
Her Majesty the Queen
Respondent
The Attorney General of Canada
Respondent
Tyendinaga Township
Respondent
HSBC Bank Canada
Respondent
Royal LePage ProAlliance Team Weir Brokerage
Respondent
Procedural Posture
Civil / Motion to Review Order Dismissing Stay Pending Appeal
Legal Issues
- 1 Whether the court of appeal judge erred in dismissing the motion for a stay pending appeal
- 2 Whether a prior consent settlement prevents the respondent bank from selling the property
- 3 Whether the appellant holds a treaty‑based or Métis claim (Simcoe Treaty 3.5) sufficient to prevent sale
Ratio Decidendi
The Court upheld Justice Gillese's dismissal of the motion because the dispute had been fully and finally resolved by a consent settlement which barred the appellant's objection to the sale, and because the appellant failed to produce adequate evidence to support his asserted Métis/treaty claim; accordingly the stay and injunction were properly denied and the motion dismissed.
Court Disposition
Motion dismissed
Orders
- Motion dismissed
- Costs awarded to respondent HSBC in the amount of $1,750, all inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Miracle v. Canada (Attorney General) Collection Decisions of the Court of Appeal Date 2017-02-28 Neutral citation 2017 ONCA 174 Docket numbers C63382, M47546 Judges Strathy, George R.; Laskin, John Ivan; Trotter, Gary T. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Miracle v. Canada (Attorney General), 2017 ONCA 174 DATE: 20170228 DOCKET: M47546 (C63382) Strathy C.J.O., Laskin and Trotter JJ.A. BETWEEN Andrew Clifford Miracle Appellant/ Moving Party and Her Majesty the Queen The Attorney General of Canada Tyendinaga Township HSBC Royal LePage ProAlliance Team Weir Brokerage Respondents Glenn P. Bogue, for the appellant Barbara E. Frederikse, for the respondent HSBC Bank Canada Heard and released orally: February 22, 2017 ENDORSEMENT [1] The appellant moves to review the order of Gillese J.A. dated February 21, 2017, dismissing his motion for a stay pending appeal of the order of Kershman J. of the Superior Court of Justice, dated February 15, 2017, which dismissed his motion to pay monies into court, or alternatively, for an injunction preventing the sale of certain property in Tyendinaga Township by the respondent HSBC (the “Property”). [2] We are not persuaded that Justice Gillese erred in her decision and, indeed, we agree with her reasons. [3] The proposed sale of the Property arises out of proceedings between the appellant and HSBC that were fully and finally resolved on consent. That settlement is a complete answer to the appellant’s assertion that HSBC cannot sell the Property. [4] The appellant’s oral submissions that he, through the Métis people, has a legal claim to the Property based on Simcoe Treaty 3.5 is simply unsupported by any adequate evidence. [5] For these reasons, the motion is dismissed. [6] We fix costs of the motion to the respondent HSBC at $1,750, all inclusive. “G.R. Strathy C.J.O.” “John Laskin J.A.” “G.T. Trotter J.A.”