Royal Bank of Canada v. Welton
Because the bank's mortgage has been paid out, permitting the bank to sell the property before trial was inappropriate; the proper means to protect the parties' interests was to continue the existing stay imposed by Blair J.A. as amended by Epstein J.A., pending the outcome of the trial, and accordingly the appeal...
Source-derived case information.
- Citation
- 2008 ONCA 635
- Parties
- Plaintiff (respondent): Royal Bank of Canada; Defendant: Haywood Welton also known as Howard Welton; Defendant (appellant): Mabel Joe Welton also known as Mary Joe Welton also known as Mabel Oy Ling Joe-Welton; Defendant: Christian S. Kozelj also known as Chris Kozier also known as Christian S. Kozel; Defendant: Christine Ren; Defendant: Leslie Toth; Defendant: Mary Chapman; Defendant: Robert A. Chapman; Defendant: David Molson; Defendant: Arnold Kelly; Defendant: Ace Property Management; Defendant: Hardcore Trucking Inc.; Defendant: Hardcore Trucking Management; Defendant: Hardcore Property Management; Defendant: Kingsland Appraisal Services Inc.; Defendant: Alan Chang; Defendant: Century 21 Parkland Ltd.; Defendant: Patricia Palmieri; Defendant: Prudential Elite Realty T.W.; Defendant: Gregory Crisp; Defendant: Peek-A-Boo Management Inc.; Defendant: MacDougall, MacDougall & MacTier Inc.; Defendant: Southwind Limited; Defendant: Northwind Limited; Defendant: Yu Shu Jiang; Defendant: Kim Joe; Defendant: Mike Zupanic; Defendant: Donna Conte a.k.a. Donna Kohler; Defendant: Nicola Philadelphia; Defendant: Zoran Juko; Defendant: Maria Matosa; Defendant: 1661843 Ontario Ltd.; Defendant: Brian Fitzsimmons; Defendant: Gonzalo Velez Correa; Defendant: Saul Alberto Velez; Defendant: Joey Kozelj; Defendant: Kimberley Shoniker; Defendant: William Ho; Defendant: Mike Strain; Defendant: Qian Zou; Defendant: Wayne Fowler; Defendant: Frank Robertson; Defendant: Darko Peric; Defendant: Sik Hung Chee; Defendant: Anson Chan; Defendant: Ray Welsh; Defendant: Christina Ciario also known as Christine Ciario also known as Christine Kozelj; Defendant: Marvin Sze Chung Louie; Defendant: Michael Belair; Defendant: Francine M. Paquette; Defendant: Brad Chapman; Defendant: Broderick King Hin Chan; Defendant: Steven F. May a.k.a. Steven Osmokrouk; Defendant: Christopher McKinnon; Defendant: Hao Yu; Defendant: Erica Sacrafamilia; Defendant: Linda Velez; Defendant: Jay White; Defendant: Tony Banwell; Defendant: Lillian Juko a.k.a. Lillian Zidaric; Defendant: Hugo Servando Antonio; Defendant: Sandra Segio; Defendant: Robert West; Defendant: Nick Zupanic; Defendant: Mario Felix Sean Potter; Defendant: David Chan; Defendant: 1603662 Ontario Inc.; Defendant: James Pearson; Defendant: Peter Kalus; Defendant: John Winters; Defendant: Joyce Lee; Defendant: Rosalee Doering; Defendant: Min Ren; Defendant: Richard Williams; Defendant: Yushen Ren; Defendant: Mahogany International Holdings Inc.; Defendant: Yun Shu Jiang; Defendant: Gulietta Parise also known as Juliette Parise; Defendant: Bruno Paolini; Defendant: Mark Gourlay; Defendant: Yen Ling Chen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 September 2008
- Procedural Posture
- Collection / Appeal
- Outcome
- Appeal dismissed on condition that the stay be continued pending trial.
- Legal Topics
- Stay of Proceedings, Sale of Property, Mortgage Repayment, Interim Relief
- Source Language
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Source-derived case record
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Parties
Royal Bank of Canada
Plaintiff (respondent)
Haywood Welton also known as Howard Welton
Defendant
Mabel Joe Welton also known as Mary Joe Welton also known as Mabel Oy Ling Joe-Welton
Defendant (appellant)
Christian S. Kozelj also known as Chris Kozier also known as Christian S. Kozel
Defendant
Christine Ren
Defendant
Leslie Toth
Defendant
Mary Chapman
Defendant
Robert A. Chapman
Defendant
David Molson
Defendant
Arnold Kelly
Defendant
Ace Property Management
Defendant
Hardcore Trucking Inc.
Defendant
Hardcore Trucking Management
Defendant
Hardcore Property Management
Defendant
Kingsland Appraisal Services Inc.
Defendant
Alan Chang
Defendant
Century 21 Parkland Ltd.
Defendant
Patricia Palmieri
Defendant
Prudential Elite Realty T.W.
Defendant
Gregory Crisp
Defendant
Peek-A-Boo Management Inc.
Defendant
MacDougall, MacDougall & MacTier Inc.
Defendant
Southwind Limited
Defendant
Northwind Limited
Defendant
Yu Shu Jiang
Defendant
Kim Joe
Defendant
Mike Zupanic
Defendant
Donna Conte a.k.a. Donna Kohler
Defendant
Nicola Philadelphia
Defendant
Zoran Juko
Defendant
Maria Matosa
Defendant
1661843 Ontario Ltd.
Defendant
Brian Fitzsimmons
Defendant
Gonzalo Velez Correa
Defendant
Saul Alberto Velez
Defendant
Joey Kozelj
Defendant
Kimberley Shoniker
Defendant
William Ho
Defendant
Mike Strain
Defendant
Qian Zou
Defendant
Wayne Fowler
Defendant
Frank Robertson
Defendant
Darko Peric
Defendant
Sik Hung Chee
Defendant
Anson Chan
Defendant
Ray Welsh
Defendant
Christina Ciario also known as Christine Ciario also known as Christine Kozelj
Defendant
Marvin Sze Chung Louie
Defendant
Michael Belair
Defendant
Francine M. Paquette
Defendant
Brad Chapman
Defendant
Broderick King Hin Chan
Defendant
Steven F. May a.k.a. Steven Osmokrouk
Defendant
Christopher McKinnon
Defendant
Hao Yu
Defendant
Erica Sacrafamilia
Defendant
Linda Velez
Defendant
Jay White
Defendant
Tony Banwell
Defendant
Lillian Juko a.k.a. Lillian Zidaric
Defendant
Hugo Servando Antonio
Defendant
Sandra Segio
Defendant
Robert West
Defendant
Nick Zupanic
Defendant
Mario Felix Sean Potter
Defendant
David Chan
Defendant
1603662 Ontario Inc.
Defendant
James Pearson
Defendant
Peter Kalus
Defendant
John Winters
Defendant
Joyce Lee
Defendant
Rosalee Doering
Defendant
Min Ren
Defendant
Richard Williams
Defendant
Yushen Ren
Defendant
Mahogany International Holdings Inc.
Defendant
Yun Shu Jiang
Defendant
Gulietta Parise also known as Juliette Parise
Defendant
Bruno Paolini
Defendant
Mark Gourlay
Defendant
Yen Ling Chen
Defendant
Procedural Posture
Collection / Appeal
Legal Issues
- 1 Whether the bank may sell the property before trial despite the mortgage having been paid out
- 2 Whether the stay imposed should be continued pending trial to protect the parties' positions
Ratio Decidendi
Because the bank's mortgage has been paid out, permitting the bank to sell the property before trial was inappropriate; the proper means to protect the parties' interests was to continue the existing stay imposed by Blair J.A. as amended by Epstein J.A., pending the outcome of the trial, and accordingly the appeal was dismissed on that condition.
Court Disposition
Appeal dismissed on condition that the stay be continued pending trial.
Orders
- The appeal is dismissed on the condition that the stay imposed by Blair J.A., as amended by Epstein J.A., be continued on the terms ordered by them, pending the outcome of the trial.
- No costs of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Royal Bank of Canada v. Welton Collection Decisions of the Court of Appeal Date 2008-09-17 Neutral citation 2008 ONCA 635 Docket numbers C48083 Judges Laskin, John Ivan; Sharpe, Robert J.; Cronk, Eleanore Ann Subject Civil Decision Content CITATION: Royal Bank of Canada v. Welton, 2008 ONCA 635 DATE: 20080917 DOCKET: C48083 COURT OF APPEAL FOR ONTARIO Laskin, Sharpe and Cronk JJ.A. BETWEEN: Royal Bank of Canada Plaintiff (Respondent) and Haywood Welton also known as Howard Welton, Mabel Joe Welton also known as Mary Joe Welton also known as Mabel Oy Ling Joe-Welton, Christian S. Kozelj also known as Chris Kozier also known as Christian S. Kozel, Christine Ren, Leslie Toth, Mary Chapman, Robert A. Chapman, David Molson, Arnold Kelly, Ace Property Management, Hardcore Trucking Inc., Hardcore Trucking Management, Hardcore Property Management, Kingsland Appraisal Services Inc., Alan Chang, Century 21 Parkland Ltd., Patricia Palmieri, Prudential Elite Realty T.W., Gregory Crisp, Peek-A-Boo Management Inc., MacDougall, MacDougall & MacTier Inc., Southwind Limited, Northwind Limited, Yu Shu Jiang, Kim Joe, Mike Zupanic, Donna Conte a.k.a. Donna Kohler, Nicola Philadelphia, Zoran Juko, Maria Matosa, 1661843 Ontario Ltd., Brian Fitzsimmons, Gonzalo Velez Correa, Saul Alberto Velez, Joey Kozelj, Kimberley Shoniker, William Ho, Mike Strain, Qian Zou, Wayne Fowler, Frank Robertson, Darko Peric, Sik Hung Chee, Anson Chan, Ray Welsh, Christina Ciario also known as Christine Ciario, also known as Christine Kozelj, Marvin Sze Chung Louie, Michael Belair, Francine M. Paquette, Brad Chapman, Broderick King Hin Chan, Steven F. May a.k.a. Steven Osmokrouk, Christopher McKinnon, Hao Yu, Erica Sacrafamilia, Linda Velez, Jay White, Tony Banwell, Lillian Juko a.k.a. Lillian Zidaric, Hugo Servando Antonio, Sandra Segio, Robert West, Nick Zupanic, Mario Felix Sean Potter, David Chan, 1603662 Ontario Inc., James Pearson, Peter Kalus, John Winters, Joyce Lee, Rosalee Doering, Min Ren, Richard Williams and Yushen Ren, Mahogany International Holdings Inc., Yun Shu Jiang, Gulietta Parise also known as Juliette Parise and Bruno Paolini, Mark Gourlay and Yen Ling Chen Defendants (Appellant, Mabel Joe Welton also known as Mary Joe Welton also known as Mabel Oy Ling Joe-Welton) Harvin D. Pitch for the appellant Milton A. Davis for the respondent Heard: September 16, 2008 On appeal from the order of Justice Peter A. Cumming of the Superior Court of Justice, dated December 4, 2007. APPEAL BOOK ENDORSEMENT [1] The bank’s mortgage has been paid out. We, therefore, do not think it appropriate that the bank be permitted to sell the property before trial. In our view, the positions of both sides can be protected by continuing the stay that is now in place. [2] Accordingly, the appeal is dismissed but on the condition that the stay imposed by Blair J.A., as amended by Epstein J.A., be continued on the terms ordered by them, pending the outcome of the trial. No costs of the appeal.