Court of Appeal for Ontario

Date: 20210119 Docket: M51698 (C68123), M51699 (C68122) & M51700 (C68121)

Lauwers, Hourigan and Brown JJ.A.

BETWEEN

Docket: M51700 (C68121)

Heliotrope Investment Corporation Plaintiff (Respondent) (Moving Party)

and

1324789 Ontario Inc., Martha Lorraine Beach, Johnathan Gary Beach and 1073650 Ontario Inc. Defendants (Appellants) (Responding Parties)

and

1324789 Ontario Inc., Martha Lorraine Beach, Johnathan Gary Beach and 1073650 Ontario Inc. Plaintiffs by Counterclaim (Appellants) (Responding Parties)

and

Canadian Western Trust Company (In Trust for RRSP Plan Number #10084752 and Plan #10084190), Heliotrope Investment Corporation, Magenta Capital Corporation and Magenta Mortgage Investment Corporation Defendants by Counterclaim (Respondents) (Moving Parties)

AND BETWEEN

Docket: M51699 (C68122)

Canadian Western Trust Company (In Trust for RRSP Plan Number #10084752 and Plan #10084190) Plaintiff (Respondent) (Moving Party)

and

1324789 Ontario Inc., Martha Lorraine Beach, Johnathan Gary Beach and 1073650 Ontario Inc. Defendants (Appellants) (Responding Parties)

and

1324789 Ontario Inc., Martha Lorraine Beach, Johnathan Gary Beach and 1073650 Ontario Inc. Plaintiffs by Counterclaim (Appellants) (Responding Parties)

and

Canadian Western Trust Company (In Trust for RRSP Plan #10084752 and Plan #10084190), Heliotrope Investment Corporation, Magenta Capital Corporation and Magenta Mortgage Investment Corporation Defendants by Counterclaim (Respondents) (Moving Parties)

AND BETWEEN

Docket: M51698 (C68123)

Canadian Western Trust Company (Incorporation No. A46845), In Trust for RRSP Plan Number #10084752 and Plan #10084190 Plaintiff/Defendant by Counterclaim (Respondent) (Moving Party)

and

1324789 Ontario Inc., 1073650 Ontario Inc., Johnathan Gary Beach and Martha Lorraine Beach Defendants/Plaintiffs by Counterclaim (Appellants) (Responding Parties)

Counsel: Eric Lay, for the moving parties No one appearing for the responding parties

Heard: January 18, 2021 by video conference

Reasons for Decision

[1] On consent, the motion is dismissed with costs reserved to the panel hearing the appeal.

"P. Lauwers J.A."

"C.W. Hourigan J.A."

"David Brown J.A."