Zwaig Associates Inc. v. Mok

Zwaig Associates Inc. v. Mok

The motions judge properly granted summary judgment for the respondent because the appellants produced no evidence that lack of independent legal advice prevented them from understanding the guarantee, and the judge properly exercised his discretion under the Rules of Civil Procedure to direct a reference to the Registrar in Bankruptcy to determine the reasonable quantum of fees; accordingly the appeal is dismissed.

Citation
C41973
Parties
Plaintiff (respondent): Zwaig Associates Inc.; Defendant (appellant): Simon Mok; Defendant (appellant): Grace Mok
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 January 2005
Procedural Posture
Civil Appeal / Appeal From Summary Judgment of the Superior Court of Justice
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Reference to Registrar, Independent Legal Advice, Guarantee, Trustee Fees
Source Language
English
Civil Bankruptcy Contract Civil Procedure Summary Judgment Reference to Registrar Independent Legal Advice Guarantee +1 more

Case Brief

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Parties

Zwaig Associates Inc.

Plaintiff (respondent)

Simon Mok

Defendant (appellant)

Grace Mok

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From Summary Judgment of the Superior Court of Justice

Legal Issues

  1. 1 Whether lack of independent legal advice created a genuine issue for trial defeating summary judgment
  2. 2 Whether the motions judge erred in directing a reference to the Registrar in Bankruptcy to determine the quantum of fees

Ratio Decidendi

The motions judge properly granted summary judgment for the respondent because the appellants produced no evidence that lack of independent legal advice prevented them from understanding the guarantee, and the judge properly exercised his discretion under the Rules of Civil Procedure to direct a reference to the Registrar in Bankruptcy to determine the reasonable quantum of fees; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment in favour of the respondent affirmed
  • Reference directed to the Registrar in Bankruptcy to determine the reasonable quantum of the respondent's fees