Sase Aggregate Ltd. v. Langdon,

Sase Aggregate Ltd. v. Langdon,

A stay was granted because the RJR‑MacDonald factors were satisfied: the proposed appeal discloses a non-frivolous and publicly important issue about the scope of constructive trusts and tracing, the moving party would suffer irreparable harm and possible mootness if funds were released, and the balance of...

Source-derived case information.

Citation
2023 ONCA 644
Parties
Moving Party (appellant): Sase Aggregate Ltd.; Responding Party (respondent): Michelle Langdon
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 September 2023
Procedural Posture
Civil Appeal (motion to Stay Pending Leave to Supreme Court of Canada) / Motion to Stay Pending Leave to Appeal
Outcome
Stay granted pending final disposition of the moving party's application for leave to appeal to the Supreme Court of Canada; funds to remain in trust; costs awarded to moving party.
Legal Topics
Constructive Trust, Tracing, Unjust Enrichment, Stay Pending Appeal, Leave to Appeal to Supreme Court of Canada
Source Language
english
Civil Equity Trusts Appeal Fraud Constructive Trust Tracing Unjust Enrichment +2 more

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Parties

Sase Aggregate Ltd.

Moving Party (appellant)

Michelle Langdon

Responding Party (respondent)

Procedural Posture

Civil Appeal (motion to Stay Pending Leave to Supreme Court of Canada) / Motion to Stay Pending Leave to Appeal

Legal Issues

  1. 1 Whether a stay of the Court of Appeal order should be granted pending the moving party's application for leave to the Supreme Court of Canada
  2. 2 Whether a constructive trust should be imposed over net sale proceeds of the property
  3. 3 Whether the moving party sufficiently traced stolen funds into the property

Ratio Decidendi

A stay was granted because the RJR‑MacDonald factors were satisfied: the proposed appeal discloses a non-frivolous and publicly important issue about the scope of constructive trusts and tracing, the moving party would suffer irreparable harm and possible mootness if funds were released, and the balance of convenience favoured maintaining the status quo with the funds held in an interest-bearing trust account pending the determination of the leave application to the Supreme Court of Canada.

Court Disposition

Stay granted pending final disposition of the moving party's application for leave to appeal to the Supreme Court of Canada; funds to remain in trust; costs awarded to moving party.

Orders

  • Stay of the Court of Appeal order dated August 21, 2023 (2023 ONCA 554) pending determination of the moving party's application for leave to appeal to the Supreme Court of Canada.
  • Funds to remain in trust in an interest-bearing account during the stay.