COURT OF APPEAL FOR ONTARIO
RE:
PETER RAMSDEN (Plaintiff/Respondent) – and – HOME COVERINGS BUYING GROUP INC. and JOHN DAVIDSON (Defendants/Appellants)
BEFORE:
DOHERTY, MOLDAVER and GILLESE JJ.A.
COUNSEL:
Ronald G. Chapman
for the appellant
Douglas A. Quirt
for the respondent
HEARD & ENDORSED:
March 21, 2006
On appeal from the order of Justice Michael Quigley of the Superior Court of Justice dated October 11, 2005.
A P P E A L B O O K E N D O R S E M E N T
1In the circumstances of this case, we see no basis on which to disturb the motion judge’s determination that the summary judgement motion is sufficiently disconnected from the oppression remedy action that payment on the promissory note ought to be ordered now.
2We accept that the motion judge ought to have given reasons for refusing to exercise his discretion and order a stay of execution or direct that the monies be paid into court, given that those matters were before him and had been argued. However, in light of the finding that the monies owing under the promissory note are disconnected from the balance of the claims and counterclaims, and as no prejudice has been alleged if the monies are not so treated, we would not exercise that discretion.
3Accordingly, the appeal is dismissed with costs to the respondent at the agreed upon sum of $6000.