2 total
Leave to appeal denied; bailiff who seized property from unnamed location lacked statutory immunity.
The defendant bailiff company brought a motion for leave to appeal a decision dismissing its motion for summary judgment.
The bailiff argued it had statutory immunity for seizing a crane, relying on a previous case.
The Divisional Court dismissed the motion for leave to appeal, finding the previous case distinguishable because the bailiff here seized property from a location and person not named in the writ of seizure.
The court held the bailiff did not act in accordance with the court order, and there was no good reason to doubt the correctness of the motion judge's decision.
Court awards modest costs after withdrawn bankruptcy application lacking evidentiary foundation.
A creditor commenced a bankruptcy application alleging fraud but sought a stay pending the respondent’s criminal trial and ultimately withdrew the application when evidence of fraud was unavailable.
The court was asked to determine the appropriate costs consequences of the withdrawal.
Although the respondent sought substantial indemnity costs exceeding $50,000, the court held that such an award was not justified.
The court considered the applicant’s impecuniosity, the respondent’s alleged involvement in a Ponzi scheme that led to the applicant’s losses, and the policy considerations of the Bankruptcy and Insolvency Act.
Balancing these factors, the court concluded that a modest sanction was appropriate because the applicant should have given earlier notice of withdrawal to avoid wasted trial preparation.
