7084421 Canada Ltd. v. Vinczer

7084421 Canada Ltd. v. Vinczer

The registrar-issued certificate was invalid because the appeal had been filed in the wrong court and the Boswell Order was not subject to the automatic stay rule, so no registrar certification could stand absent a judge's stay order; accordingly the Certificate was set aside. The president was permitted to represent the corporate plaintiff under r.15.01(2). No writs of possession were granted because the record lacked proof that persons in actual possession had received sufficient notice. The court ordered the defendants to perfect the appeal by January 15, 2021, with specified consequences for failure and awarded costs of $500.

Citation
2020 ONCA 829
Parties
Plaintiff/respondent/moving Party: 7084421 Canada Ltd.; Defendant/appellant/responding Party: Attila Vinczer; Defendant/appellant/responding Party: Peter Vinczer; Defendant/appellant/responding Party: Katalin Vinczer
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 December 2020
Procedural Posture
Collection (mortgage Enforcement) / Interlocutory Motion on Appeal / Motion to Advance Appeal and Enforce Possession
Outcome
Motion granted in part and dismissed in part: Certificate set aside; corporate president permitted to represent Plaintiff; defendants ordered to perfect appeal by January 15, 2021 or be barred from bringing motions without leave; writs of possession not granted; other requested relief denied; costs awarded $500.
Legal Topics
Default Judgment, Stay Pending Appeal, Writ of Possession, Security for Costs, Corporate Representation, Setting Aside Registrar Certificate, Perfecting Appeal, Costs
Source Language
English
Civil Mortgage Enforcement Property Appeal Procedure Default Judgment Stay Pending Appeal Writ of Possession Security for Costs +4 more

Case Brief

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Parties

7084421 Canada Ltd.

Plaintiff/respondent/moving Party

Attila Vinczer

Defendant/appellant/responding Party

Peter Vinczer

Defendant/appellant/responding Party

Katalin Vinczer

Defendant/appellant/responding Party

Procedural Posture

Collection (mortgage Enforcement) / Interlocutory Motion on Appeal / Motion to Advance Appeal and Enforce Possession

Legal Issues

  1. 1 Whether the registrar-issued certificate purportedly staying the Boswell Order was valid
  2. 2 Whether the default judgment should be set aside
  3. 3 Whether writs of possession could issue pending the appeal

Ratio Decidendi

The registrar-issued certificate was invalid because the appeal had been filed in the wrong court and the Boswell Order was not subject to the automatic stay rule, so no registrar certification could stand absent a judge's stay order; accordingly the Certificate was set aside. The president was permitted to represent the corporate plaintiff under r.15.01(2). No writs of possession were granted because the record lacked proof that persons in actual possession had received sufficient notice. The court ordered the defendants to perfect the appeal by January 15, 2021, with specified consequences for failure and awarded costs of $500.

Court Disposition

Motion granted in part and dismissed in part: Certificate set aside; corporate president permitted to represent Plaintiff; defendants ordered to perfect appeal by January 15, 2021 or be barred from bringing motions without leave; writs of possession not granted; other requested relief denied; costs awarded $500.

Orders

  • Gerald Anthony may represent 7084421 Canada Ltd. on this appeal
  • Attila, Peter, and Katalin Vinczer must each sign the Defendants' factum