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.
40901
Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp. v. 1671379 Ontario Inc., et al.
(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) |
|---|---|---|
| 2024-03-15 | Close file on Leave | |
| 2024-03-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-14 | Judgment on leave sent to the parties | |
| 2024-03-14 |
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 C70645, 2023 ONCA 423, dated June 15, 2023, is dismissed. Dismissed |
|
| 2024-02-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-05 | Correspondence received from, (Letter Form), CA orders | Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp. |
| 2023-09-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-09-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-15) | Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp. |
| 2023-09-13 | Notice of name, (Letter Form), (Printed version filed on 2023-09-15) | Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp. |
| 2023-09-13 |
Application for leave to appeal, (Book Form), Missing: - Filling Fee (Rec'd 2023-09-18), Completed on: 2023-09-18, (Printed version filed on 2023-09-15) |
Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp. |
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 |
|---|---|---|
| Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 1671379 Ontario Inc. | Respondent | Active |
| Elkind, Manuel | Respondent | Active |
| MCAP Financial Corporation | Respondent | Active |
| DORR Capital Corporation c.o.b. as DORR and Associates | Respondent | Active |
| Cherniak Law Professional Corporation | Respondent | Active |
| Sullivan Mahoney LLP | Respondent | Active |
| Starkman Barristers | Respondent | Active |
| Hentob Construction Limited | Respondent | Active |
Counsel
Party: Lynda Friendly and Lynda Friendly & Associates by their assignee, Assignment Credit Corp.
Counsel
Michael Crampton
77 King Street West
Suite 700, P.O. Box 118
Toronto, Ontario
M5K 1G8
Telephone: (416) 368-6200
Email: ebirnboim@cpllp.com
Party: 1671379 Ontario Inc.
Counsel
3300 Bloor Street West, Suite 3040
Center Tower, 10th Floor
Toronto, Ontario
M8X 2X3
Telephone: (416) 622-2440
FAX: (416) 622-4724
Email: dseedlaw@rogers.com
Party: Elkind, Manuel
Counsel
3300 Bloor Street West, Suite 3040
Center Tower, 10th Floor
Toronto, Ontario
M8X 2X3
Telephone: (416) 622-2440
FAX: (416) 622-4724
Email: dseedlaw@rogers.com
Party: MCAP Financial Corporation
Counsel
TD North Tower
77 King Street West, Suite 4130, PO Box 140
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Email: samr@stockwoods.ca
Party: DORR Capital Corporation c.o.b. as DORR and Associates
Counsel
2 Queen Street East
Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 596-2284
FAX: (416) 593-5437
Email: varman@blaney.com
Party: Cherniak Law Professional Corporation
Counsel
Professional Corporation
Suite 209, 10909 Yonge Street
Richmond Hill, Ontario
L4C 3E3
Telephone: (905) 883-6706
FAX: (905) 883-6703
Email: jason@cherniaklaw.com
Party: Sullivan Mahoney LLP
Counsel
40 Queen Street
P.O. Box 1360
St. Catherines, Ontario
L2R 6Z2
Telephone: (905) 688-6655
FAX: (905) 668-5814
Email: pamahoney@sullivanmahoney.com
Party: Starkman Barristers
Counsel
304 - 675 Cochrane Dr., East Tower
Markham, Ontario
L3R 0B8
Telephone: (905) 477-3110
FAX: (905) 477-3210
Email: paul@starkmanbarristers.com
Party: Hentob Construction Limited
Counsel
7501 Keele Street, Suite 200
Vaughan, Ontario
L4K 1Y2
Telephone: (647) 847-3823
FAX: (416) 599-7910
Email: mcooper@swlawyers.ca
Summary
Keywords
Bankruptcy and insolvency — Procedure — Garnishment — Priorities of creditors in garnishment of payments owed to debtor — Is it possible to distinguish between revenue generated from an asset and security held in the asset itself — How can priority be resolved in the context of the Personal Property Security Act, , R.S.O. 1990, c. P.10, where “first to register” gives priority but equitable security in personal property cannot be registered — Does a judge on a garnishment hearing have jurisdiction to vary a family law judgment?
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.
1671379 Ontario Inc. is owed payments of at least $167,976.15. The payments are subject to garnishment. Each of two creditors of 1671379 Ontario Inc., MCAP Financial Corporation and Assignment Credit Corp., served a Notice of Garnishment and a garnishment hearing was held. The Ontario Superior Court of Justice issued a decision on creditors’ priorities. The Court of Appeal for Ontario granted an appeal in part and remanded the matter back to the Ontario Superior Court for a re-hearing on part of the decision on creditors’ priorities.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 2409
Declaration of creditors’ priorities in garnishment of payments
Court of Appeal for Ontario
2023 ONCA 535, C70645
Appeal granted in part and remand order granted
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