Court File and Parties

CITATION: Murphy v. McNamee, 2007 ONCA 735

DATE: 20071025

DOCKET: C46356

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

[1] While 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.

[2] We 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.

[3] The appeal is dismissed. No order as to costs.

“W. Winkler C.J.O.”

“Doherty J.A.”

“Robert J. Sharpe J.A.”