Court of Appeal for Ontario

Citation: Royal Bank of Canada v. Walker Hall Winery Ltd., 2012 ONCA 151 Date: 2012-03-09 Docket: C54384

Before: Winkler C.J.O., Laskin and Cronk JJ.A.

Between:

Royal Bank of Canada (Respondent)

and

Walker Hall Winery Ltd., Walker Hall Holdings Ltd., and Lukezic Group Ltd. (Appellants)

Counsel: James J. Lukezic, in person (by conference call) Brendan Hughes, for the Royal Bank of Canada Anthony E. Bak, for BDO Canada Ltd.

Heard: March 1, 2012

On appeal from the order of Justice D.M. Brown of the Superior Court of Justice, dated September 29, 2011.

Appeal Book Endorsement

[1] Mr. Lukezic, in the name of and ostensibly on behalf of the appellants, challenges the motion judge’s approval of the disputed sale by the Receiver on the ground of alleged judicial bias by the motion judge.

[2] We note that Mr. Lukezic did not advance any argument, or point to any evidence in support of this bias claim in his factum. In any event, however, we see nothing on this record regarding Mr. Lukezic’s serious allegations of judicial bias sufficient to meet the high test applicable to proof of such a claim.

[3] Moreover, the appeal is moot. The properties in issue in this consent receivership have been sold and the proceeds of sale distributed to the respondent Bank, the appellants’ major creditor.

[4] The appeal is dismissed. The respondent Bank is entitled to its costs of the appeal, fixed in the amount of $3,500, and the respondent Receiver is entitled to its costs of the appeal, fixed in the amount of $2,500, both inclusive of disbursements and all applicable taxes.