Reichmann v. Vered

Reichmann v. Vered

The motion to quash specified paragraphs of the appellant's notice of appeal is allowed because Cameron J.'s November 16, 2004 order terminating the constructive trust is a post-judgment order appealable as of right, whereas the refusal to order tracing and the order changing shareholdings were final in the second proceedings and the time to appeal them has expired; the court declines to extend time to appeal the second proceedings because the appellant consistently represented he did not intend to appeal; damages for costs of the motion are awarded in the fixed amount of $20,000 inclusive.

Citation
C42790, M32211
Parties
Plaintiff/appellant: Albert Reichmann; Defendant/respondent: Zeev Vered; Defendant/respondent: Ron Engineering and Construction (International) Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 April 2005
Procedural Posture
Civil / Appeal Motion to Quash Parts of Notice of Appeal
Outcome
Motion allowed in part and paragraphs of notice of appeal struck; extension of time for limited purpose granted; costs awarded.
Legal Topics
Constructive Trust, Appealability, Extension of Time to Appeal, Costs, Tracing, Shareholding
Source Language
English
Civil Appeal Trusts Costs Constructive Trust Appealability Extension of Time to Appeal Tracing +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Albert Reichmann

Plaintiff/appellant

Zeev Vered

Defendant/respondent

Ron Engineering and Construction (International) Ltd.

Defendant/respondent

Procedural Posture

Civil / Appeal Motion to Quash Parts of Notice of Appeal

Legal Issues

  1. 1 Whether the constructive trust issue was part of the second proceedings and thus whether time for appealing had begun
  2. 2 Whether Cameron J.'s order terminating the constructive trust was a post-judgment order appealable as of right
  3. 3 Whether Cameron J.'s refusal to order tracing and order changing shareholding percentages were final and appealable as of right

Ratio Decidendi

The motion to quash specified paragraphs of the appellant's notice of appeal is allowed because Cameron J.'s November 16, 2004 order terminating the constructive trust is a post-judgment order appealable as of right, whereas the refusal to order tracing and the order changing shareholdings were final in the second proceedings and the time to appeal them has expired; the court declines to extend time to appeal the second proceedings because the appellant consistently represented he did not intend to appeal; damages for costs of the motion are awarded in the fixed amount of $20,000 inclusive.

Court Disposition

Motion allowed in part and paragraphs of notice of appeal struck; extension of time for limited purpose granted; costs awarded.

Orders

  • Paragraphs 1, 2, 3, 4 and 8 of the appellant’s notice of appeal struck
  • The grounds of appeal corresponding to those paragraphs and the certificate respecting evidence struck