Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40880
Airport Business Park Inc. v. Huszti 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) |
|---|---|---|
| 2024-02-23 | Close file on Leave | |
| 2024-02-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-15 | Judgment on leave sent to the parties | |
| 2024-02-15 |
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 C70238, 2023 ONCA 391, dated June 2, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-01-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-13 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-10-13, (Printed version filed on 2023-10-13) | Airport Business Park Inc. |
| 2023-10-05 | Notice of name, (Letter Form), (Printed version filed on 2023-10-05) | Huszti Holdings Inc. |
| 2023-10-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-05) | Huszti Holdings Inc. |
| 2023-10-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-10-05, (Printed version due on 2023-10-13) | Huszti Holdings Inc. |
| 2023-09-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-09-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-09-11) | Airport Business Park Inc. |
| 2023-09-01 | Notice of name, (Letter Form), (Printed version due on 2023-09-11) | Airport Business Park Inc. |
| 2023-09-01 |
Application for leave to appeal, (Book Form), Missing: Filling fee (rec'd 2023-09-06), Completed on: 2023-09-07, (Printed version filed on 2023-09-01) |
Airport Business Park Inc. |
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 |
|---|---|---|
| Airport Business Park Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Huszti Holdings Inc. | Respondent | Active |
Counsel
Party: Airport Business Park Inc.
Counsel
Jacob R.W. Damstra
85 Dufferin Ave
PO Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 640-6317
FAX: (519) 932-3317
Email: pkryworuk@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Huszti Holdings Inc.
Counsel
Niklas Holmberg
145 King Street West
Suit 2750
Toronto, Ontario
M5H 1J8
Telephone: (416) 360-8481
FAX: (416) 598-3730
Email: slaubman@counsel-toronto.com
Summary
Keywords
Courts — Enforcement of orders — Title to property transferred subject to easement and charge was placed on property by vendor take-back mortgage with provision that required party to remove easement within one year, failing which amount owing under mortgage would be reduced — Whether terms of condition satisfied — Whether earlier jurisprudence recognizing that no order or judgment is final until the time for appeal therefrom is exhausted is no longer good law in Canada — Whether courts may rewrite a contract for parties to substitute completion of a contractual requirement with completion of a different action, and if so, in what circumstances?
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.
The respondent, Huszti Holdings Inc. (“Huszti”), agreed to sell to the applicant, Airport Business Park Inc. (“ABP”), a property. Title to the property was transferred to ABP subject to an easement, and a charge was placed on the property by a vendor take-back mortgage with a provision that required Huszti to remove the easement within one year, failing which the amount owing under the mortgage would be reduced.
Huszti obtained a court order discharging the easement and it registered the order on the property’s title, thereby vacating the easement before the deadline in the mortgage. After the deadline in the mortgage, the City of Windsor appealed the discharge order. The appeal was dismissed nine months after Huszti had obtained the discharge order. ABP took the position that the discharge order vacating the easement did not satisfy the requirements of the mortgage.
ABP commenced an application for a declaration that Huszti failed to comply with the condition to obtain a valid release of the easement. The application judge dismissed ABP’s application.
ABP then appealed to the Divisional Court. The panel reversed the application judge’s decision. The Court of Appeal allowed the appeal, set aside the order of the Divisional Court and restored the application judge’s order.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 7576
Terms of condition between parties regarding release of easement satisfied. Motion granted and contested amount held in trust to be released to Huszti.
Ontario Superior Court of Justice
2021 ONSC 4276
Appeal allowed; order of application judge set aside and disputed funds to be paid to Airport Business Park.
Court of Appeal for Ontario
2023 ONCA 391, C70238
Appeal allowed; order of Divisional Court set aside; and order of application judge restored.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available