Court of Appeal for Ontario

Citation: Cameron v. National Bank of Canada, 2009 ONCA 810

Date: 20091117

Docket: C48947

Before: Simmons, Juriansz and LaForme JJ.A.

Between

John Cameron, John Johnstone and Cameron & Johnstone Limited

Plaintiffs (Appellants)

and

National Bank of Canada and KJS Investments Holdings Inc.

Defendants (Respondents)

And Between

KJS Investment Holdings Inc.

Plaintiff by Counterclaim (Respondent)

and

John Cameron, John Johnstone, Cameron & Johnstone Limited and 725 Coronation Boulevard Ltd.

Defendants by Counterclaim (Appellants)

And Between

KJS Investment Holdings Inc.

Plaintiff (Respondent)

and

Cameron & Johnstone Limited.

Defendant (Appellant)

Counsel:

John W. McDonald, for the appellants

Brett Harrison and Amanda Klein, for the respondent National Bank of Canada

David Jackson, for the respondent KJS Investment Holdings Inc.

Heard and released orally: September 30, 2009

On appeal from the judgment of Justice David S. Crane of the Superior Court of Justice dated May 16, 2008.

SUPPLEMENTARY ENDORSEMENT

[1] After delivering our oral reasons, we agreed that the parties could make additional submissions if they were unable to agree on the proper allocation of the proceeds of the realization under the Bank’s debt instruments. The parties have agreed that the proceeds should be allocated first on account of expenses, second on account of interest and third on account of principal. It is so ordered.

[2] The balance of the appellants’ supplementary submissions go beyond the scope of our invitation and we decline to consider them.

"Janet Simmons J.A."

"R. G. Juriansz J.A."

"H. S. LaForme J.A."