Court of Appeal for Ontario

Date: 2017-02-28 Docket: M47546 (C63382)

Judges: Strathy C.J.O., Laskin and Trotter JJ.A.

Between

Andrew Clifford Miracle Appellant/Moving Party

and

Her Majesty the Queen The Attorney General of Canada Tyendinaga Township HSBC Royal LePage ProAlliance Team Weir Brokerage

Respondents

Counsel

Glenn P. Bogue, for the appellant

Barbara E. Frederikse, for the respondent HSBC Bank Canada

Heard and released orally: February 22, 2017

Endorsement

[1] The appellant moves to review the order of Gillese J.A. dated February 21, 2017, dismissing his motion for a stay pending appeal of the order of Kershman J. of the Superior Court of Justice, dated February 15, 2017, which dismissed his motion to pay monies into court, or alternatively, for an injunction preventing the sale of certain property in Tyendinaga Township by the respondent HSBC (the "Property").

[2] We are not persuaded that Justice Gillese erred in her decision and, indeed, we agree with her reasons.

[3] The proposed sale of the Property arises out of proceedings between the appellant and HSBC that were fully and finally resolved on consent. That settlement is a complete answer to the appellant's assertion that HSBC cannot sell the Property.

[4] The appellant's oral submissions that he, through the Métis people, has a legal claim to the Property based on Simcoe Treaty 3.5 is simply unsupported by any adequate evidence.

[5] For these reasons, the motion is dismissed.

[6] We fix costs of the motion to the respondent HSBC at $1,750, all inclusive.

"G.R. Strathy C.J.O."

"John Laskin J.A."

"G.T. Trotter J.A."