Court of Appeal for Ontario
Before: Watt, Benotto and Trotter JJ.A.
Between:
Hanna & Hamilton Construction Co. Ltd.
Plaintiff (Respondent in Appeal)
and
Craig Ross Robertson, 2092637 Ontario Ltd. and Brenda Robertson
Defendants (Appellants)
Heard: In writing
REASONS FOR DECISION
1The appellants appeal the orders of Donohue J., dated September 29, 2020 and October 23, 2020.
2The orders followed the respondent’s motion in the Superior Court of Justice for a declaration that previous orders of the court survived the bankruptcy of the appellants.
3At the conclusion of oral submissions, the motion judge granted the relief sought as follows:
Based upon all of the materials before me, the very detailed submissions I am going to grant the order that is sought by the moving party and set out in the notice of motion, paragraph B, C and D. So those declarations are granted with respect to the writs of execution.
4The motion judge later granted costs to the respondent and declined to provide reasons for the order, or for the costs’ decision.
5Both parties ask this court to set aside the order.
6The reasons of the motion judge fail to disclose how she arrived at the conclusion, in fact or in law. They are incapable of meaningful appellate review and this constitutes an error in law: see R. v. Sheppard 2002 SCC 26, [2002] 1 SCR 869 at para. 28.
7The appeal is allowed and the orders of Donohue J. dated September 29, 2020 and October 23, 2020 are set aside and a new hearing is ordered before a different judge.
8In accordance with counsel’s agreement, there will be no costs of the appeal.
“David Watt J.A.”
“M.L. Benotto J.A.”
“Gary Trotter J.A.”