DATE: 20060323

DOCKET: C44415

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

[1] In 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.

[2] We 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.

[3] Accordingly, the appeal is dismissed with costs to the respondent at the agreed upon sum of $6000.