Court of Appeal for Ontario

Date: 2018-01-26 Docket: M48545 (C64433)

Panel: Doherty, Pepall and Brown JJ.A.

In the Matter of the Notice of Intention to Make a Proposal of Michael Finley Lawrence Blair of the Town of Collingwood, in the Province of Ontario

Moving Party: Patricia Virc Counsel for Moving Party: Harvey Chaiton

Responding Party: Michael Finley Lawrence Blair Counsel for Responding Party: Self-represented

Heard and Released Orally: January 26, 2018

Reasons for Decision

[1] We are told that the debt to Ms. Virc has now been paid in full. The subject matter of the bankruptcy proceeding no longer exists and the proposed appeal is moot.

[2] We also agree with the respondent's submission that there is no right of appeal under the provisions in ss. 193(a)-(d) of the Bankruptcy and Insolvency Act.

[3] Mr. Blair referred to para. 4 of the order under appeal and submitted that it would have prospective effect and could apply to any future indebtedness he may incur to Ms. Virc. He submits that his proposed appeal therefore involves "future rights" under s. 193(a). We do not read the order that way. More to the point, counsel for Ms. Virc expressly acknowledged that para. 4, which is incidental to the proposal, is spent and that Ms. Virc, who was present in court, acknowledges that she cannot rely on that provision of the order in respect of any future indebtedness to her that may arise.

[4] The appeal is quashed. We would not grant leave to appeal and, in any event, the matter is moot.

[5] Costs to Ms. Virc in the amount of $7,500, inclusive of all disbursements and relevant taxes.

Doherty J.A. S.E. Pepall J.A. D.M. Brown J.A.