During a case management conference, the applicant, BridgePoint Financial Services Limited Partnership I, argued that its application to determine whether its loan agreements with the respondent, Rudolf Steinberg, applied to his accident benefits settlement was moot.
BridgePoint contended that outstanding legal fees, which had priority, exceeded the funds held in court, leaving nothing for BridgePoint.
The court found that because a portion of the legal fees had already been paid, up to $184,983.13 might remain available, meaning the application was not moot.
Consequently, the court ordered that the application proceed to a hearing and directed that a related Toronto action be transferred to Thunder Bay to be case managed together.
