Ontario Potato Distributing Inc. v. National Trust Company

Ontario Potato Distributing Inc. v. National Trust Company

The motion judge misapprehended the documentary evidence; the August 1, 1991 commitment letter and related mortgage documents raised conflicting interpretations and a triable issue as to whether the $15,000,000 mortgage secured the U.S. loans, therefore the summary judgment order was set aside and the issue must proceed to trial.

Citation
C31492
Parties
Respondent/plaintiff: Ontario Potato Distributing Inc.; Appellant/defendant (also Appellant/plaintiff by Counterclaim): National Trust Company; Appellant/defendant (also Appellant/plaintiff by Counterclaim): National Trustco Inc.; Respondent/defendant by Counterclaim: Gordon Cappuccitti; Respondent/defendant by Counterclaim: Rocco Cappuccitti; Respondent/defendant by Counterclaim: Rockap Holdings Inc.; Respondent/defendant by Counterclaim: 251579 Holdings Limited; Respondent/defendant by Counterclaim: 251323 Holdings Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 June 1999
Procedural Posture
Civil Appeal / Appeal From Motion Judge; Summary Judgment Motion
Outcome
Appeal allowed; order of the motion judge set aside; matter remitted to trial on the disputed issue.
Legal Topics
Summary Judgment, Security for Debt, Mortgage Priority, Commitment Letter, Admission of Fresh Evidence
Source Language
English
Commercial Law Civil Procedure Property Law Mortgage Law Summary Judgment Security for Debt Mortgage Priority Commitment Letter +1 more

Case Brief

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Parties

Ontario Potato Distributing Inc.

Respondent/plaintiff

National Trust Company

Appellant/defendant (also Appellant/plaintiff by Counterclaim)

National Trustco Inc.

Appellant/defendant (also Appellant/plaintiff by Counterclaim)

Gordon Cappuccitti

Respondent/defendant by Counterclaim

Rocco Cappuccitti

Respondent/defendant by Counterclaim

Rockap Holdings Inc.

Respondent/defendant by Counterclaim

251579 Holdings Limited

Respondent/defendant by Counterclaim

251323 Holdings Limited

Respondent/defendant by Counterclaim

Procedural Posture

Civil Appeal / Appeal From Motion Judge; Summary Judgment Motion

Legal Issues

  1. 1 Whether the $15,000,000 mortgage formed part of the security for the Barbadian/U.S. loans
  2. 2 Whether summary judgment was appropriate on the discrete issue raised by the respondent numbered companies
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The motion judge misapprehended the documentary evidence; the August 1, 1991 commitment letter and related mortgage documents raised conflicting interpretations and a triable issue as to whether the $15,000,000 mortgage secured the U.S. loans, therefore the summary judgment order was set aside and the issue must proceed to trial.

Court Disposition

Appeal allowed; order of the motion judge set aside; matter remitted to trial on the disputed issue.

Orders

  • Appeal allowed and order of the motion judge set aside.
  • Disputed issue remitted to trial with the rest of the case.