Meridian Credit Union Limited v. 984 Bay Street Inc.
The Court allowed the appeal, set aside the order of the Superior Court, remitted the matter to the Superior Court of Justice for further proceedings and fixed costs of the appeal at $4,000 inclusive of G.S.T. and disbursements; costs of the motion were reserved to the judge hearing the matter.
Source-derived case information.
- Citation
- C44260
- Parties
- Plaintiff: Meridian Credit Union Limited; Defendant: 984 Bay Street Inc.; Defendant: Devendranauth Misir also known as Dev Misir
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 May 2006
- Procedural Posture
- Collection / Appeal
- Outcome
- Appeal allowed; order set aside; matter remitted to the Superior Court of Justice.
- Legal Topics
- Costs, Remittal to Trial Court, Receiver, Appeal, Order Set Aside
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meridian Credit Union Limited
Plaintiff
984 Bay Street Inc.
Defendant
Devendranauth Misir also known as Dev Misir
Defendant
Procedural Posture
Collection / Appeal
Legal Issues
- 1 Whether the appeal should be allowed and the lower court order set aside
- 2 Whether the matter should be remitted to the Superior Court of Justice for further proceedings
- 3 Appropriate costs to be awarded on the appeal
Ratio Decidendi
The Court allowed the appeal, set aside the order of the Superior Court, remitted the matter to the Superior Court of Justice for further proceedings and fixed costs of the appeal at $4,000 inclusive of G.S.T. and disbursements; costs of the motion were reserved to the judge hearing the matter.
Court Disposition
Appeal allowed; order set aside; matter remitted to the Superior Court of Justice.
Orders
- Appeal allowed and order of the Superior Court set aside
- Matter remitted to the Superior Court of Justice for further proceedings
Full Case Text
Judgment text and source record
1 paragraphs
Meridian Credit Union Limited v. 984 Bay Street Inc. Collection Decisions of the Court of Appeal Date 2006-05-05 Docket numbers C44260 Judges Rosenberg, Marc; Moldaver, Michael James; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20060502 DOCKET: C44260 COURT OF APPEAL FOR ONTARIO RE: MERIDIAN CREDIT UNION LIMITED (Plaintiff) – and – 984 BAY STREET INC., and DEVENDRANAUTH MISIR also known as DEV MISIR (Defendants) BEFORE: ROSENBERG, MOLDAVER and LANG JJ.A. COUNSEL: Sean Cumming for Integrated Health Investments Corporation Benjamin Salsberg for Bay Wellesley Health Services Paul G. MacDonald and Jason Murphy for KPMG, the Receiver Martin Kaplan Meridian Credit Union Limited HEARD & ENDORSED: April 28, 2006 On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated September 6, 2005. APPEAL BOOK ENDORSEMENT [1] See endorsement in Court File C44279. For those reasons, appeal allowed, order set aside and the matter remitted to the Superior Court of Justice with costs fixed at $4,000 inclusive of G.S.T. and disbursements. Costs of the motion reserved to the judge hearing the matter.