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.
41357
Darryl Byrd v. Robert Stockey
(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) |
|---|---|---|
| 2024-11-08 | Close file on Leave | |
| 2024-11-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-11-07 | Judgment on leave sent to the parties | |
| 2024-11-07 |
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 COA-23-CV-0974, 2024 ONCA 396, dated May 10, 2024, is dismissed. Dismissed |
|
| 2024-10-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-11 | Lower court order - e-filing, Court File No. M54670 and COA-23-CV-0974 | Darryl Byrd |
| 2024-07-11 | Certificate (on limitations to public access), (Letter Form), (Included in the correspondence received from), 23A | Darryl Byrd |
| 2024-07-11 | Correspondence received from, CA Order Form | Darryl Byrd |
| 2024-07-11 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2024-07-10 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 07-11-2024) - Public access to info (Rec'd 07-11-2024) - CA Orders (Rec'd 09-11-2024), Completed on: 2024-09-10 |
Darryl Byrd |
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 |
|---|---|---|
| Byrd, Darryl | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Stockey, Robert | Respondent | Active |
Counsel
Party: Byrd, Darryl
This party is not represented by counsel.
Party: Stockey, Robert
Counsel
1260 Eglington Ave. E. Unit 1
Mississauga, Ontario
L4W 1K8
Telephone: (905) 896-7533
Email: reddingtonwhite@gmail.com
Summary
Keywords
Mortgages — Judgments and orders — Summary judgment — Civil Procedure — Stay —Respondent obtaining judgment on consent in mortgage enforcement proceedings — Applicant moving, unsuccessfully, to set aside judgment on basis that counsel had acted without instructions in consenting to judgment — Applicant bringing urgent motion for stay of order pending appeal — Motion dismissed — Courts of Justice Act, R.S.O. 1990, c. C. 43, s. 7(5) — Rule 37.14, Rules of Civil Procedure, R.R.O. 1990, Reg. 194.
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.
On April 24, 2023 respondent Robert Stockey, the mortgagee, obtained judgment in mortgage enforcement proceedings against applicant Darryl Byrd, the mortgagor. The judgment, which was made on consent, included an order granting possession of the property at issue.
Mr. Byrd subsequently brought a motion for an order setting aside the judgment on the basis that his counsel had acted without instructions when he consented to judgment. The motion was dismissed.
Mr. Byrd appealed, and brought an urgent motion to a single judge of the Court of Appeal for Ontario seeking a stay of the order pending appeal. The stay motion was dismissed. Mr. Byrd then brought a review motion under s. 7(5) of the Courts of Justice Act, R.S.O. 1990, c. C. 43 seeking to overturn the denial of a stay pending appeal. That motion was heard together with the appeal proper. The Court of Appeal dismissed the review motion and the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-23-00031703-0000
Summary judgment in mortgage default proceeding
Review motion and appeal dismissed
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