Court of Appeal for Ontario

Citation: Wilson v. Steel Technologies Inc., 2009 ONCA 218 Date: 2009-03-12 Docket: C47866

Between:

Grant R. Wilson et al. Defendant/Appellant

and

Steel Technologies Inc. Plaintiff/Respondent

Judges: Goudge, Simmons and Juriansz JJ.A.

Counsel: Grant Wilson, acting in person Ryan Sills for the respondent

Heard and endorsed: March 9, 2009

On appeal from the order of Justice J. N. Morissette of the Superior Court of Justice dated September 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] The motion judge refused to set aside orders authorizing collection procedures against the appellant. In addition, the motion judge issued an order authorizing a further notice of garnishment against the appellant.

[2] We see no basis on which to interfere with these orders. Even if the appellant did not receive notice by mail of the motions relating to the previous orders, the appellant has not established that Steel Technologies acted improperly by serving him by mail at the addresses to which the motion materials were sent.

[3] More importantly, the appellant has not demonstrated that the impugned orders were improperly made. Steel Technologies has an Ontario judgment against the appellant which was affirmed by this court. A substantial amount of money remains owing on that judgment. In the face of the Ontario judgment against the appellant, there is no basis upon which we can interfere with orders authorizing collection of those funds. The appellant's arguments attempt to re-litigate the orders previously made in Ontario. That the appellant is not permitted to do.

[4] The appeal is therefore dismissed. Costs of the appeal are to the respondent fixed in the amount of $1,000 inclusive of disbursements and G.S.T.