Royal Bank of Canada v. Yates Holdings Inc.

Royal Bank of Canada v. Yates Holdings Inc.

The trial judge’s findings that the appellants knowingly and intentionally breached the July 14, 2006 order were supported by the record and met the standard for contempt; the motion judge did not err in assessing and fixing the Bank’s costs, and his discretionary decisions on costs will not be disturbed....

Source-derived case information.

Citation
2008 ONCA 474
Parties
Applicant (respondent on Appeal): Royal Bank of Canada; Applicant (respondent on Appeal): PricewaterhouseCoopers Inc. (in its capacity as Receiver); Respondent (appellant in Appeal): Yates Holdings Inc.; Respondent (appellant in Appeal): Yates Family Business Trust; Respondent (appellant in Appeal): JB Food Services Inc.; Respondent (appellant in Appeal): John Yates; Respondent (appellant in Appeal): Debra Yates
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 June 2008
Procedural Posture
Civil Collection (appeal) / Court of Appeal Decision on Contempt and Costs Appeal
Outcome
Appeal dismissed; leave to appeal costs order granted but costs appeal dismissed; contempt order upheld; costs of the appeal to respondent fixed at $22,000 inclusive of disbursements and GST.
Legal Topics
Contempt, Compliance With Court Order, Asset Shifting, Costs Assessment, Appeal
Source Language
english
Civil Contempt of Court Creditor Enforcement Receivership Costs Contempt Compliance With Court Order Asset Shifting +2 more

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Parties

Royal Bank of Canada

Applicant (respondent on Appeal)

PricewaterhouseCoopers Inc. (in its capacity as Receiver)

Applicant (respondent on Appeal)

Yates Holdings Inc.

Respondent (appellant in Appeal)

Yates Family Business Trust

Respondent (appellant in Appeal)

JB Food Services Inc.

Respondent (appellant in Appeal)

John Yates

Respondent (appellant in Appeal)

Debra Yates

Respondent (appellant in Appeal)

Procedural Posture

Civil Collection (appeal) / Court of Appeal Decision on Contempt and Costs Appeal

Legal Issues

  1. 1 Whether appellants were in contempt of the July 14, 2006 order
  2. 2 Whether the quantum of the Costs Order was unreasonable
  3. 3 Whether leave to appeal the costs order should be granted

Ratio Decidendi

The trial judge’s findings that the appellants knowingly and intentionally breached the July 14, 2006 order were supported by the record and met the standard for contempt; the motion judge did not err in assessing and fixing the Bank’s costs, and his discretionary decisions on costs will not be disturbed. Accordingly the appeal is dismissed, leave to appeal the costs order is granted but the costs appeal is dismissed; costs of the appeal fixed at $22,000.

Court Disposition

Appeal dismissed; leave to appeal costs order granted but costs appeal dismissed; contempt order upheld; costs of the appeal to respondent fixed at $22,000 inclusive of disbursements and GST.

Orders

  • Contempt Order of April 2, 2007 upheld
  • Appeal dismissed