Guerette v. Karaouzas

Guerette v. Karaouzas

The motion judge exceeded the permissible role on summary judgment by making credibility assessments and factual findings despite conflicting evidence, and prior remarks by the motion judge gave rise to a reasonable apprehension of bias; accordingly the Court of Appeal set aside the summary judgment (except specified paragraphs), dismissed the summary judgment motion, and ordered that further proceedings be heard by a different judge.

Citation
C36502, C36634
Parties
Plaintiff/respondent/applicant to Appeal: Nelson Guerette; Defendant/appellant: Demetrios Karaouzas; Defendant/appellant: Elisa Renee Karaouzas; Defendant/appellant; Plaintiff by Counterclaim/appellant: Robert Zierler; Respondent/appellant: 1145393 Ontario Limited; Defendant to Counterclaim/respondent: Susan Guerette
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 December 2001
Procedural Posture
Civil Appeal From Summary Judgment / Appeal From Motion for Summary Judgment Following Interlocutory Proceedings
Outcome
Appeal allowed in part; summary judgment set aside and motion dismissed; motion judge precluded from further involvement in the proceedings; dismissal of Zierler's counterclaim against Susan Guerette upheld
Legal Topics
Summary Judgment, Shareholder Advances Vs Personal Loans, Reasonable Apprehension of Bias, Judicial Disqualification, Costs
Source Language
English
Civil Procedure Corporations Law Judicial Conduct and Bias Appeal Summary Judgment Shareholder Advances Vs Personal Loans Reasonable Apprehension of Bias Judicial Disqualification +1 more

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Parties

Nelson Guerette

Plaintiff/respondent/applicant to Appeal

Demetrios Karaouzas

Defendant/appellant

Elisa Renee Karaouzas

Defendant/appellant

Robert Zierler

Defendant/appellant; Plaintiff by Counterclaim/appellant

1145393 Ontario Limited

Respondent/appellant

Susan Guerette

Defendant to Counterclaim/respondent

Procedural Posture

Civil Appeal From Summary Judgment / Appeal From Motion for Summary Judgment Following Interlocutory Proceedings

Legal Issues

  1. 1 Whether the motion judge improperly assessed credibility and made findings of fact on a summary judgment motion
  2. 2 Whether a reasonable apprehension of bias existed based on the motion judge's prior remarks
  3. 3 Whether genuine issues for trial exist regarding the nature of funds advanced (personal loans v. shareholder advances)

Ratio Decidendi

The motion judge exceeded the permissible role on summary judgment by making credibility assessments and factual findings despite conflicting evidence, and prior remarks by the motion judge gave rise to a reasonable apprehension of bias; accordingly the Court of Appeal set aside the summary judgment (except specified paragraphs), dismissed the summary judgment motion, and ordered that further proceedings be heard by a different judge.

Court Disposition

Appeal allowed in part; summary judgment set aside and motion dismissed; motion judge precluded from further involvement in the proceedings; dismissal of Zierler's counterclaim against Susan Guerette upheld

Orders

  • Allow the appeals
  • Set aside the judgment of the motion judge except for paragraphs 1, 2 and 6