Brian Shiller

A self-represented defendant brought a motion seeking payment out of approximately $30,000 held in court representing surplus proceeds from the power of sale of her condominium.

Counsel for the plaintiff argued the motion was moot because a prior trial decision had dismissed the action and ordered the funds paid to the plaintiff.

The moving party denied receiving notice of the trial and questioned the basis for the plaintiff’s entitlement to the surplus proceeds.

The court noted concerns about a potential injustice but observed that the record did not contain sufficient materials to assess the underlying claim.

The judge reserved decision and prepared an endorsement to assist the moving party in seeking legal advice and potential legal aid.

The moving party sought to quash the appeal on the basis that the responding parties' factum sought to overturn the reasons for judgment rather than the judgment itself.

The Court of Appeal dismissed the motion, holding that the comprehensive Notice of Appeal governs the scope of the appeal.

The responding parties were granted leave to file a revised factum.