Cranberry Cove Tower Inc. v. Monarch Trust Company
The appeal was dismissed because the trial judge made thorough, comprehensive and dispositive findings of fact on the s.22 issue, the tax issue and the status of 991652 under s.36 of the Mortgages Act that were open to him and there was no basis for interference on appeal.
Source-derived case information.
- Citation
- C40465
- Parties
- Appellant: Cranberry Cove Tower Inc.; Appellant: A. Duncan Green; Respondent: Monarch Trust Company; Respondent: National Trust Company; Respondent: Albert Bond; Respondent: 991652 Ontario Limited; Respondent: Laurentian Bank of Canada, Trustee for RRSP 204-001-571
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 31 January 2005
- Procedural Posture
- Civil Collection Appeal / Appeal Heard; Court of Appeal Endorsement/decision
- Outcome
- Appeal dismissed.
- Legal Topics
- Appeal, Findings of Fact, S.22 Issue, S.36 Mortgages Act, Costs, Judicial Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cranberry Cove Tower Inc.
Appellant
A. Duncan Green
Appellant
Monarch Trust Company
Respondent
National Trust Company
Respondent
Albert Bond
Respondent
991652 Ontario Limited
Respondent
Laurentian Bank of Canada, Trustee for RRSP 204-001-571
Respondent
Procedural Posture
Civil Collection Appeal / Appeal Heard; Court of Appeal Endorsement/decision
Legal Issues
- 1 Whether the trial judge's findings of fact on s.22 were open to him and should be disturbed on appeal
- 2 The tax issue as determined by the trial judge
- 3 Whether 991652 Ontario Limited is properly characterised under s.36 of the Mortgages Act
Ratio Decidendi
The appeal was dismissed because the trial judge made thorough, comprehensive and dispositive findings of fact on the s.22 issue, the tax issue and the status of 991652 under s.36 of the Mortgages Act that were open to him and there was no basis for interference on appeal.
Court Disposition
Appeal dismissed.
Orders
- Costs to 991652 Ontario Limited and Laurentian Bank of Canada fixed at $5,000 inclusive of GST and disbursements.
- Costs to National Trust Company fixed at $13,500 inclusive of GST and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Cranberry Cove Tower Inc. v. Monarch Trust Company Collection Decisions of the Court of Appeal Date 2005-01-31 Docket numbers C40465 Judges Moldaver, Michael James; Blair, Robert Ashley; LaForme, Harry Smith Subject Civil Decision Content DATE: 20050131 DOCKET: C40465 COURT OF APPEAL FOR ONTARIO RE: CRANBERRY COVE TOWER INC. and A. DUNCAN GREEN (Appellants) – and – MONARCH TRUST COMPANY ET AL AND NATIONAL TRUST COMPANY, 991652 ONTARIO LIMITED AND LAURENTIAN BANK OF CANADA, TRUSTEE FOR RRSP 204-001-571 (Respondents) BEFORE: MOLDAVER, BLAIR and LaFORME JJ.A. COUNSEL: David Rose and Stacey Nichols for the appellants Cranberry Cove and Duncan Green John D. Marshall for the respondent National Trust and Albert Bond Joseph Irvine For the respondents 991652 Ontario Limited and Laurentian Bank of Canada HEARD & ENDORSED: January 28, 2005 On appeal from the judgment of Justice Donald R. Cameron of the Superior Court of Justice dated July 10, 2003. APPEAL BOOK ENDORSEMENT [1] The trial judge gave thorough and comprehensive reasons for judgment. In doing so, he made findings of fact which underpin and are dispositive of the s. 22 issue, the tax issue and the status of 991652 under s. 36 of the Mortgages Act. In our view, it was open to the trial judge to make the findings that the appellant challenges and we see no basis for interfering with them. [2] Accordingly the appeal is dismissed. Costs to 991652 and Laurentian are fixed at $5,000 inclusive of GST and disbursements. Costs to National fixed at $13,500 inclusive of GST and disbursements.