Ruwenzori Enterprises Ltd. v. Walji
The Court granted a partial stay of the trial judge's proprietary order as it related to transfer of the Roehampton Hotel pending appeal and partially lifted the Mareva injunction to permit the appellant limited access to funds from Houston YP to pay legal expenses, finding there was an arguable ground of appeal on...
Source-derived case information.
- Citation
- 2005 BCCA 360
- Parties
- Respondent/plaintiff: Ruwenzori Enterprises Ltd.; Respondent/plaintiff: Cale Holdings Limited; Respondent/plaintiff: Norsham Inc.; Appellant/defendant: Yasmin Walji; Appellant/defendant: 1118174 Ontario Limited (dba Best Western Roehampton Hotel & Suites); Appellant/defendant: 1392275 Ontario Inc. (dba Markham Hilton Gardens); Appellant/defendant: 3465632 Canada Inc. (dba Days Inn Montreal Airport); Appellant/defendant: Humble Capital Group LLC (dba Humble Hampton Inn); Appellant/defendant: YZ Enterprises Inc. (dba Classic Cleaners; dba Designamatics); Respondent/defendant: Zulfikar Walji
- Court
- British Columbia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 June 2005
- Procedural Posture
- Civil Appeal / Application for Stay Pending Appeal and Expedited Scheduling
- Outcome
- Partial stay granted and partial variation of Mareva injunction; receiver appointment left undisturbed; expedited appeal schedule to be arranged; further submissions ordered on quantum of funds to be released.
- Legal Topics
- Constructive Trust, Mareva Injunction, Tracing, Receiver Appointment, Fiduciary Duty, Limitation Periods, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruwenzori Enterprises Ltd.
Respondent/plaintiff
Cale Holdings Limited
Respondent/plaintiff
Norsham Inc.
Respondent/plaintiff
Yasmin Walji
Appellant/defendant
1118174 Ontario Limited (dba Best Western Roehampton Hotel & Suites)
Appellant/defendant
1392275 Ontario Inc. (dba Markham Hilton Gardens)
Appellant/defendant
3465632 Canada Inc. (dba Days Inn Montreal Airport)
Appellant/defendant
Humble Capital Group LLC (dba Humble Hampton Inn)
Appellant/defendant
YZ Enterprises Inc. (dba Classic Cleaners; dba Designamatics)
Appellant/defendant
Zulfikar Walji
Respondent/defendant
Procedural Posture
Civil Appeal / Application for Stay Pending Appeal and Expedited Scheduling
Legal Issues
- 1 Whether the appeal raises a serious issue to be tried
- 2 Whether a proprietary remedy by way of constructive trust over the Roehampton Hotel was appropriate
- 3 Whether the Mareva injunction should be varied to permit the appellant access to funds for legal expenses from Houston YP
Ratio Decidendi
The Court granted a partial stay of the trial judge's proprietary order as it related to transfer of the Roehampton Hotel pending appeal and partially lifted the Mareva injunction to permit the appellant limited access to funds from Houston YP to pay legal expenses, finding there was an arguable ground of appeal on the remedy, irreparable harm if the hotel were transferred, and that balance of convenience favoured limited relief; the Court declined to interfere with the receiver appointment at this stage and left certain details (amounts) for further submissions.
Court Disposition
Partial stay granted and partial variation of Mareva injunction; receiver appointment left undisturbed; expedited appeal schedule to be arranged; further submissions ordered on quantum of funds to be released.
Orders
- Paragraph 2(a) of the June 4, 2004 trial order stayed pending the hearing and judgment of the appeal insofar as it permits transfer of the Roehampton Hotel and consequential transfer of assets
- The Mareva injunction as it applies to Houston YP Hospitality Management Inc. is partially lifted to permit Ms. Walji access to funds to pay her legal expenses and to pursue the appeal, subject to further submissions on the appropriate amount
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