Court File and Parties
COURT OF APPEAL FOR ONTARIO
WINKLER C.J.O., DOHERTY AND SHARPE JJ.A.
BETWEEN:
LILLIAN MURPHY
Appellant
and
RENATE McNAMEE, 578751 ONTARIO LIMITED, THE ESTATE OF H. ROBERT SHEPPARD, and JOHN R. GALE
Respondent
Counsel:
James P. McReynolds, for the appellant
J. Gardner Hodder and G. Schible, for the respondent Pinnacle Park Trailer & Camping Association
Heard & Released Orally: OCTOBER 23, 2007
On appeal from the order of The Honourable Madam Justice Ruth E. Mesbur dated November 27, 2006.
ENDORSEMENT
Endorsement
1While we do not necessarily agree with the motion judge’s characterization of relief sought as a collateral attack on the Registrar’s order and the order of McLean J., we do however, agree with her finding that the conduct of the appellant and in particular her decision to assume the role of a participating creditor warranted the refusal of the discretionary order sought by the appellant. We would not interfere.
2We accept Mr. Hodder’s undertaking that the claim will be pursued forcefully, objectively and in cooperation with the appellant. We also note his concession that in the event of substantial disagreement or impasse, the bankruptcy court has jurisdiction to hear and decide all issues relating to carriage of the proceeding.
Disposition
3The appeal is dismissed. No order as to costs.
“W. Winkler C.J.O.”
“Doherty J.A.”
“Robert J. Sharpe J.A.”