MacIntyre v. Ontario
The Court held that by virtue of the combined effect of s. 7(1) and s. 8 of the Motor Vehicle Accident Claims Act and s. 43 of the Financial Administration Act the Crown was entitled to set-off damages payable under the appellant's judgment against monies owed to the Crown under the restitution order; bankruptcy...
Source-derived case information.
- Citation
- C40817
- Parties
- Appellant: Charles MacIntyre; Respondent: Her Majesty the Queen in Right of the Province of Ontario as represented by the Ministry of Community and Social Services
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 March 2004
- Procedural Posture
- Civil / Appeal From Order of Justice S. Greer (october 7, 2003)
- Outcome
- Appeal dismissed
- Legal Topics
- Set Off, Seizure of Damages, Res Judicata, Restitution, Statutory Interpretation, Motor Vehicle Accident Claims Act, Financial Administration Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles MacIntyre
Appellant
Her Majesty the Queen in Right of the Province of Ontario as represented by the Ministry of Community and Social Services
Respondent
Procedural Posture
Civil / Appeal From Order of Justice S. Greer (october 7, 2003)
Legal Issues
- 1 Whether the Crown was entitled to set-off damages payable under the appellant's judgment against monies owed under a restitution order under the Motor Vehicle Accident Claims Act and the Financial Administration Act
- 2 Whether principles regarding seizure of non-pecuniary damages in a bankruptcy setting apply to the Crown's statutory set-off
- 3 Whether res judicata barred the Crown's set-off
Ratio Decidendi
The Court held that by virtue of the combined effect of s. 7(1) and s. 8 of the Motor Vehicle Accident Claims Act and s. 43 of the Financial Administration Act the Crown was entitled to set-off damages payable under the appellant's judgment against monies owed to the Crown under the restitution order; bankruptcy seizure principles and res judicata did not prevent that set-off, and the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Order of Justice S. Greer dated October 7, 2003 affirmed
Full Case Text
Judgment text and source record
1 paragraphs
MacIntyre v. Ontario Collection Decisions of the Court of Appeal Date 2004-03-10 Docket numbers C40817 Judges McMurtry, Roy; Moldaver, Michael James; Cronk, Eleanore Ann Subject Civil Decision Content DATE: 20040310 DOCKET: C40817 COURT OF APPEAL FOR ONTARIO RE: CHARLES MACINTYRE (Applicant/Appellant) v. HER MAJESTY THE QUEEN, in Right of the Province of Ontario as represented by the Ministry of Community and Social Services (Respondent/Respondent in Appeal) BEFORE: McMURTRY C.J.O., MOLDAVER AND CRONK JJ.A. COUNSEL: Darcy Merkur for the appellant Lori Patyk for the respondent HEARD & ENDORSED: March 10, 2004 On appeal from the order of Justice S. Greer dated October 7, 2003. APPEAL BOOK ENDORSEMENT [1] We are satisfied that by virtue of the combined effect of s. 7(1) and s. 8 of the Motor Vehicle Accident Claims Act and s. 43 of the Financial Administration Act the Crown was entitled to set-off the damages that were due and payable by the Crown under the judgment obtained by the appellant against the monies owed to the Crown under the restitution order. [2] In our opinion, the principles applicable to the seizure of non-pecuniary damages in a bankruptcy setting have no application here. [3] Further, in our view, the res judicata argument has no merit. The appeal is therefore dismissed. [4] Given the unusual facts in this case, there will be no order as to costs.