Canadian Express Ltd. v. Blair et al., (1991) 53 O.A.C. 397 (DC)

JudgeSteele, J.
CourtOntario Court of Justice General Division (Canada)
Case DateDecember 06, 1991
JurisdictionOntario
Citations(1991), 53 O.A.C. 397 (DC)

Cdn. Express Ltd. v. Blair (1991), 53 O.A.C. 397 (DC)

MLB headnote and full text

Canadian Express Limited (applicant/respondent) v. Michael F. Blair, The Enfield Corporation Limited and Montreal Trust Company of Canada (respondents/appellants)

(No. 548/91)

Indexed As: Canadian Express Ltd. v. Blair et al.

Ontario Court of Justice

General Division

Divisional Court

Steele, J.

December 6, 1991.

Summary:

Canadian Express applied to quash Blair's appeal on the grounds that the appellant is not appealing the order but only part of the reasons for judgment.

The Ontario Divisional Court granted the application.

Practice - Topic 8984

Appeals - When appeal available - From final judgment or order - Blair was not happy with one of two grounds of a court order made under the Ontario Business Corporations Act - He wanted that finding reversed on appeal - His opponent moved to quash his appeal - The Ontario Divi­sional Court quashed Blair's appeal because an appeal had to be taken from an order and not just from a ground of an order.

Cases Noticed:

R. v. Hutchinson, [1939] 1 W.W.R. 545, refd to. [para. 11].

Re May's Appeal, 45 W.W.R. 328, refd to. [para. 11].

Lake v. Lake, [1955] P. 336, refd to. [para. 13].

Statutes Noticed:

Business Corporations Act, S.O. 1982, c. 4, sect. 107 [para. 5].

Courts of Justice Act, S.O. 1984, c. 6, sect. 144(5), sect. 254 [para. 15].

Rules of Court (Ont.), rule 59.05, rule 61.09 [para. 14].

Authors and Works Noticed:

Halsbury's Laws of England (4th Ed. 1979), vol. 26, p. 237 [para. 10].

Bar Admission Course (Ontario), 1984-85, Civil Procedure 1, Lecture Notes [para. 12].

Counsel:

Barry A. Leon and James C. Tory, for Canadian Express Limited;

Thomas J. Lockwood, Q.C., and Eric Fournie, for Blair;

Darryl T. Mann, for Montreal Trust Com­pany of Canada.

This application was heard on December 2, 1991, by Steele, J., of the Ontario Divisional Court.

Steele, J., delivered the following decision on December 6, 1991.

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11 practice notes
  • Veno v. United General, 2008 NBCA 39
    • Canada
    • Court of Appeal (New Brunswick)
    • 24 Enero 2008
    ...Fountain v. Parsons - see Fountain et al. v. Golden Forest District (District Manager) et al. Canadian Express Ltd. v. Blair et al. (1991), 53 O.A.C. 397; 6 O.R.(3d) 212 (Div. Ct.), refd to. [para. 77]. Canada (Attorney General) v. Rogerville (2001), 270 N.R. 260; 2001 FCA 142, refd to. [pa......
  • Blair v. Consolidated Enfield Corp., (1995) 187 N.R. 241 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 21 Marzo 1995
    ...Blair had not been reelected. Costs were awarded against both Blair and Consolidated. Blair's appeal to the Divisional Court was quashed (53 O.A.C. 397). Canadian Express sought recovery of the total amount of costs from Blair. Blair applied for an order that he was entitled to indemnity fr......
  • Blair v. Consolidated Enfield Corp., (1995) 86 O.A.C. 245 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 21 Marzo 1995
    ...Blair had not been reelected. Costs were awarded against both Blair and Consolidated. Blair's appeal to the Divisional Court was quashed (53 O.A.C. 397). Canadian Express sought recovery of the total amount of costs from Blair. Blair applied for an order that he was entitled to indemnity fr......
  • Denison Mines Ltd. v. Ontario Hydro, (2001) 150 O.A.C. 387 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 5 Octubre 2001
    ...[para. 5]. MacDonald v. Montreal (City), [1986] 1 S.C.R. 460; 67 N.R. 1, refd to. [para. 5]. Canadian Express Ltd. v. Blair et al. (1991), 53 O.A.C. 397; 6 O.R.(3d) 212 (Div. Ct.), refd to. [para. Hendrickson v. Kallio, [1932] O.R. 675 (C.A.), refd to. [para. 12]. Automatic Systems Inc. v. ......
  • Request a trial to view additional results
11 cases
  • Veno v. United General, 2008 NBCA 39
    • Canada
    • Court of Appeal (New Brunswick)
    • 24 Enero 2008
    ...Fountain v. Parsons - see Fountain et al. v. Golden Forest District (District Manager) et al. Canadian Express Ltd. v. Blair et al. (1991), 53 O.A.C. 397; 6 O.R.(3d) 212 (Div. Ct.), refd to. [para. 77]. Canada (Attorney General) v. Rogerville (2001), 270 N.R. 260; 2001 FCA 142, refd to. [pa......
  • Blair v. Consolidated Enfield Corp., (1995) 86 O.A.C. 245 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 21 Marzo 1995
    ...Blair had not been reelected. Costs were awarded against both Blair and Consolidated. Blair's appeal to the Divisional Court was quashed (53 O.A.C. 397). Canadian Express sought recovery of the total amount of costs from Blair. Blair applied for an order that he was entitled to indemnity fr......
  • Denison Mines Ltd. v. Ontario Hydro, (2001) 150 O.A.C. 387 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 5 Octubre 2001
    ...[para. 5]. MacDonald v. Montreal (City), [1986] 1 S.C.R. 460; 67 N.R. 1, refd to. [para. 5]. Canadian Express Ltd. v. Blair et al. (1991), 53 O.A.C. 397; 6 O.R.(3d) 212 (Div. Ct.), refd to. [para. Hendrickson v. Kallio, [1932] O.R. 675 (C.A.), refd to. [para. 12]. Automatic Systems Inc. v. ......
  • Blair v. Consolidated Enfield Corp., (1995) 187 N.R. 241 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 21 Marzo 1995
    ...Blair had not been reelected. Costs were awarded against both Blair and Consolidated. Blair's appeal to the Divisional Court was quashed (53 O.A.C. 397). Canadian Express sought recovery of the total amount of costs from Blair. Blair applied for an order that he was entitled to indemnity fr......
  • Request a trial to view additional results

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