Vetro v. Canadian National Exhibition Association
The appeal is dismissed because an undischarged bankrupt cannot pursue the present action, there is no statutory or jurisprudential basis for a master to authorize such pursuit, and the master’s order did not on its face lift the bankruptcy disability nor state that it was nunc pro tunc.
Source-derived case information.
- Citation
- 2015 ONCA 87
- Parties
- Appellant: Vittorio Joseph Vetro also known as Victor Vetro; Respondent: The Canadian National Exhibition Association
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 February 2015
- Procedural Posture
- Civil / Appeal From Motion Judge (court of Appeal)
- Outcome
- Appeal dismissed
- Legal Topics
- Undischarged Bankrupt, Capacity to Sue, Master's Authority, Nunc Pro Tunc, Abuse of Process, Striking Claim, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vittorio Joseph Vetro also known as Victor Vetro
Appellant
The Canadian National Exhibition Association
Respondent
Procedural Posture
Civil / Appeal From Motion Judge (court of Appeal)
Legal Issues
- 1 Whether an undischarged bankrupt may pursue and continue a civil action
- 2 Whether a master has authority to authorize an undischarged bankrupt to pursue a claim
- 3 Whether the master's order operated nunc pro tunc to lift the bankruptcy disability
Ratio Decidendi
The appeal is dismissed because an undischarged bankrupt cannot pursue the present action, there is no statutory or jurisprudential basis for a master to authorize such pursuit, and the master’s order did not on its face lift the bankruptcy disability nor state that it was nunc pro tunc.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondent fixed at $4,500 inclusive of disbursements and applicable taxes
Full Case Text
Judgment text and source record
1 paragraphs
Vetro v. Canadian National Exhibition Association Collection Decisions of the Court of Appeal Date 2015-02-05 Neutral citation 2015 ONCA 87 Docket numbers C59269 Judges Rouleau, Paul S.; Watt, David; Pardu, Gladys I. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Vetro v. Canadian National Exhibition Association, 2015 ONCA 87 DATE: 20150205 DOCKET: C59269 Rouleau, Watt and Pardu JJ.A. BETWEEN Vittorio Joseph Vetro also known as Victor Vetro Plaintiff (Appellant) and The Canadian National Exhibition Association Defendant (Respondent) Glenn R. Solomon, for the appellant Jordan Goldblatt, for the respondent Heard: February 4, 2015 On appeal from the judgment of Justice Lois B. Roberts of the Superior Court of Justice, dated July 30, 2014. APPEAL BOOK ENDORSEMENT [1] The appellant argues that the motion judge erred in striking the claim. He explains that the order of Master Short has authorized the appellant to pursue the action, despite being an undischarged bankrupt and did so nunc pro tunc. The motion judge, in the appellant’s submission, erred in her interpretation of the order and in setting it aside as an abuse of process. [2] We do not give effect to this submission. The law is clear that, as an undischarged bankrupt, the appellant did not have the ability to launch and pursue the present action. He remains an undischarged bankrupt to this day. [3] There is nothing in the Bankruptcy and Insolvency Act or in the jurisprudence suggesting that the master has the authority to allow an undischarged bankrupt to pursue a claim such as this one. [4] In any event, the order of Master Short does not, on its face, purport to lift the appellant’s disability, as an undischarged bankrupt, to pursue the claim nor does it state that it is to apply nunc pro tunc. [5] As a result, we dismiss the appeal. Costs to the respondent fixed at $4,500 inclusive of disbursements and applicable taxes.