Court of Appeal for Ontario

Date: 2018-12-05

Docket: M49841 / M49633

Motions Judge: Lauwers J.A.

Between

Matthew Ford Moving Party (Applicant)

and

The Corporation of the City of Windsor Responding Party (Respondent)

Counsel

Matthew Ford, in person

David Reiter and Dillon Collett, for the respondent

Heard: November 29, 2018

Reasons for Decision

[1] The appellant, Mr. Ford, is seeking leave to appeal from the costs decision of Pomerance J., dated July 5, 2018, in which she awarded $121,892, inclusive of disbursements and HST, to the City of Windsor. Because Mr. Ford's motion for leave to appeal is still pending in this court, r. 63.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, the rule staying the enforcement of the order automatically is not in effect.

[2] Mr. Ford asks for an order staying the City's efforts to collect the costs award pending disposition of the leave application.

[3] The City seeks to take advantage of the absence of the automatic stay in order to subject Mr. Ford to a judgment debtor examination. The City asks that Mr. Ford's motion be dismissed or, in the alternative, that a term be added to allow the City to conduct a judgment debtor examination of Mr. Ford and to take any further steps that may be necessary to preserve the status quo pending disposition of the leave motion.

[4] The reason for the City's concern is that just before starting the action against the City of Windsor, Mr. Ford transferred his interest in the matrimonial home to his wife. The City takes the position that this could be a fraudulent conveyance designed to defeat Mr. Ford's creditors, in particular the City. The City has remedies outside of this appeal, but it does not want to pursue them. It is not the function of this court to grant a form of pre-judgment execution.

[5] I see no reason not to grant Mr. Ford the stay he seeks. If this court grants him leave to appeal, then the automatic stay will come into effect. If the court does not grant leave to appeal, then the City will be free to pursue enforcement of the costs award.

[6] I order that the enforcement of the costs award be stayed pending determination of Mr. Ford's motion for leave to appeal to this court.

P. Lauwers J.A.