Case information
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37157
1830994 Ontario Ltd. v. A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-12-30 | Close file on Leave | |
| 2016-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-23 | Judgment on leave sent to the parties | |
| 2016-12-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C57898, 2016 ONCA 407, dated May 30, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-11-30 | Correspondence received from, agent for the respondent, summary should be revised | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-11-28 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-10-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-10-11, (Electronic version filed on 2016-10-11) | 1830994 Ontario Ltd. |
| 2016-09-29 | Notice of name, (Letter Form), (Electronic version filed on 2016-09-29) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-09-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-29) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-09-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-09-29, (Electronic version filed on 2016-09-29) | A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. |
| 2016-08-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2016/08/30 | |
| 2016-08-26 | Notice of name, (Letter Form), (Included in the application for leave to appeal), (Electronic version filed on 2016-08-26) | 1830994 Ontario Ltd. |
| 2016-08-26 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-26) | 1830994 Ontario Ltd. |
| 2016-08-26 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2016/10/28, Completed on: 2016-10-31, (Electronic version filed on 2016-08-26) | 1830994 Ontario Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| 1830994 Ontario Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc. | Respondent | Active |
Counsel
Party: 1830994 Ontario Ltd.
Counsel
20 Adelaide Street East
Suite 1100
Toronto, Ontario
M5C 2T6
Telephone: (416) 361-2400
FAX: (416) 361-1560
Email: mjn@mjnlaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: A. Farber & Partners Inc., the Trustee of the Bankruptcy Estate of Montor Business Corporation, Annopol Holdings Limited and Summit Glen Brantford Holdings Inc.
Counsel
1 First Canadian Place
100 King Street West, Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 369-7399
FAX: (416) 862-7661
Email: patrick.shea@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Bankruptcy and insolvency – Assignments – Releasor settling certain claims against releasee – Releasor incorporating 183 and 183 getting assigned secured claims in releasee – Releasee becoming bankrupt – 183 filing proof of secured claim in releasee’s bankruptcy – Trustee in bankruptcy opposing 183’s claim as barred by prior settlement – Should the law of releases be extended to allow the release of a claim that the releasor had no interest in, and no authority to deal with, at the time the release was entered into?
Dr. Morris Goldfinger invested several million dollars in the development of real estate properties by Jack Leichcer-Kimel. One of the Kimel companies, SG Waterloo, owned a property that was subject to two charges in favour of a secured lender. Goldfinger and Kimel’s business relationship eventually broke down, which led to dissolution negotiations and settlement in 2008. Goldfinger subsequently alleged that Kimel had breached the 2008 settlement, and litigation ensued. In 2009, the parties agreed to settle their claims and executed a full and final mutual release.
In 2010, SG Waterloo became bankrupt. Following SG Waterloo’s bankruptcy, Goldfinger incorporated 183. 183 then purchased the two charges on SG Waterloo’s property and other debt from the secured lender. As a result, 183 became a creditor of SG Waterloo. 183 filed a proof of secured claim in SG Waterloo’s bankruptcy. The trustee in bankruptcy opposed the claim on the ground that the claim had been extinguished by the 2009 settlement.
Lower court rulings
Ontario Superior Court of Justice
10-8629-00CL, 31-OR-207640-T, 2013 ONSC 6635
Claim based on assignment of charges allowed
Court of Appeal for Ontario
C57898, 2016 ONCA 407
Appeal allowed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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