CITATION: Royal Bank of Canada v. Welton, 2008 ONCA 635
DATE: 20080917
DOCKET: C48083
COURT OF APPEAL FOR ONTARIO
Laskin, Sharpe and Cronk JJ.A.
BETWEEN:
Royal Bank of Canada
Plaintiff (Respondent)
and
Haywood Welton also known as Howard Welton, Mabel Joe Welton also known as Mary Joe Welton also known as Mabel Oy Ling Joe-Welton, Christian S. Kozelj also known as Chris Kozier also known as Christian S. Kozel, Christine Ren, Leslie Toth, Mary Chapman, Robert A. Chapman, David Molson, Arnold Kelly, Ace Property Management, Hardcore Trucking Inc., Hardcore Trucking Management, Hardcore Property Management, Kingsland Appraisal Services Inc., Alan Chang, Century 21 Parkland Ltd., Patricia Palmieri, Prudential Elite Realty T.W., Gregory Crisp, Peek-A-Boo Management Inc., MacDougall, MacDougall & MacTier Inc., Southwind Limited, Northwind Limited, Yu Shu Jiang, Kim Joe, Mike Zupanic, Donna Conte a.k.a. Donna Kohler, Nicola Philadelphia, Zoran Juko, Maria Matosa, 1661843 Ontario Ltd., Brian Fitzsimmons, Gonzalo Velez Correa, Saul Alberto Velez, Joey Kozelj, Kimberley Shoniker, William Ho, Mike Strain, Qian Zou, Wayne Fowler, Frank Robertson, Darko Peric, Sik Hung Chee, Anson Chan, Ray Welsh, Christina Ciario also known as Christine Ciario, also known as Christine Kozelj, Marvin Sze Chung Louie, Michael Belair, Francine M. Paquette, Brad Chapman, Broderick King Hin Chan, Steven F. May a.k.a. Steven Osmokrouk, Christopher McKinnon, Hao Yu, Erica Sacrafamilia, Linda Velez, Jay White, Tony Banwell, Lillian Juko a.k.a. Lillian Zidaric, Hugo Servando Antonio, Sandra Segio, Robert West, Nick Zupanic, Mario Felix Sean Potter, David Chan, 1603662 Ontario Inc., James Pearson, Peter Kalus, John Winters, Joyce Lee, Rosalee Doering, Min Ren, Richard Williams and Yushen Ren, Mahogany International Holdings Inc., Yun Shu Jiang, Gulietta Parise also known as Juliette Parise and Bruno Paolini, Mark Gourlay and Yen Ling Chen
Defendants (Appellant, Mabel Joe Welton also known as Mary Joe Welton also known as Mabel Oy Ling Joe-Welton)
Harvin D. Pitch for the appellant
Milton A. Davis for the respondent
Heard: September 16, 2008
On appeal from the order of Justice Peter A. Cumming of the Superior Court of Justice, dated December 4, 2007.
APPEAL BOOK ENDORSEMENT
[1] The bank’s mortgage has been paid out. We, therefore, do not think it appropriate that the bank be permitted to sell the property before trial. In our view, the positions of both sides can be protected by continuing the stay that is now in place.
[2] Accordingly, the appeal is dismissed but on the condition that the stay imposed by Blair J.A., as amended by Epstein J.A., be continued on the terms ordered by them, pending the outcome of the trial. No costs of the appeal.