Byrd v. Douglas K. Murdoch Revocable Trust

Byrd v. Douglas K. Murdoch Revocable Trust

The panel dismissed both panel review motions. Lauwers J.A. properly exercised discretion in refusing leave to obtain the transcript because it was not necessary for the panel review and no error in principle was shown. Monahan J.A. properly applied the correct principles for security for costs (r.61.06(1) and...

Source-derived case information.

Citation
2025 ONCA 825
Parties
Appellant (moving Party): Darryl Byrd; Respondent (responding Party): Douglas K. Murdoch, as Trustee of the Douglas K. Murdoch Revocable Trust; Respondent (responding Party): Scott Murdoch
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 November 2025
Procedural Posture
Civil Appeal / Panel Review of Motion Judge Orders
Outcome
Panel review motions dismissed; costs to respondents fixed at $2,500; appellant given 30 days to pay security for costs into court or appeal will be dismissed without further motion.
Legal Topics
Panel Review Under S.7(5) Courts of Justice Act, Security for Costs Under R.61.06(1) and R.56.01, Motion Judge Deference, Leave to Obtain Transcript, Costs Awards, Dismissal for Abuse of Process/res Judicata
Source Language
english
Civil Procedure Appeal Costs Security for Costs Res Judicata Abuse of Process Panel Review Under S.7(5) Courts of Justice Act Security for Costs Under R.61.06(1) and R.56.01 +4 more

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Parties

Darryl Byrd

Appellant (moving Party)

Douglas K. Murdoch, as Trustee of the Douglas K. Murdoch Revocable Trust

Respondent (responding Party)

Scott Murdoch

Respondent (responding Party)

Procedural Posture

Civil Appeal / Panel Review of Motion Judge Orders

Legal Issues

  1. 1 Whether panel review under s.7(5) Courts of Justice Act should be granted
  2. 2 Whether leave should be granted to obtain and file transcript of the motion before Monahan J.A.
  3. 3 Whether Monahan J.A. erred in ordering security for costs and costs against the appellant

Ratio Decidendi

The panel dismissed both panel review motions. Lauwers J.A. properly exercised discretion in refusing leave to obtain the transcript because it was not necessary for the panel review and no error in principle was shown. Monahan J.A. properly applied the correct principles for security for costs (r.61.06(1) and r.56.01) and reasonably concluded there were compelling reasons—continuation of meritless litigation and unpaid prior costs—to order security for costs of $15,000 and costs to respondents; no error of principle or unreasonable result was demonstrated on panel review.

Court Disposition

Panel review motions dismissed; costs to respondents fixed at $2,500; appellant given 30 days to pay security for costs into court or appeal will be dismissed without further motion.

Orders

  • Panel review motions dismissed
  • Costs of the panel review motions awarded to the responding parties fixed at $2,500 inclusive