Royal Bank of Canada et al. v. Paletta et al., (1984) 6 O.A.C. 396 (DC)

• Judge: Van Camp, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: July 18, 1984
• Jurisdiction: Ontario
• Citations: (1984), 6 O.A.C. 396 (DC)

Royal Bk. v. Paletta (1984), 6 O.A.C. 396 (DC)

MLB headnote and full text

Royal Bank of Canada et al. v. Paletta et al.

(No. 920/83)

Indexed As: Royal Bank of Canada et al. v. Paletta et al.

Ontario Divisional Court

Van Camp, J.

December 12, 1984.

Summary:

This headnote contains no summary.

Practice - Topic 8961

Appeals - Stay of proceedings pending appeal, effect of - A bank claimed against a guarantor respecting a debt guaranteed by the guarantor - The bank applied for and was granted summary judgment - The guarantor appealed - The Ontario Divisional Court stated that the appeal operated to stay the process of the court and that the stay did not affect any other rights or remedies of the bank - See paragraph 14.

Cases Noticed:

Bank of Nova Scotia v. Zackheim, 44 O.R.(2d) 244, refd to. [para. 7].

Arnoldson Eserpa v. Confederation Life Association, 3 O.R.(2d) 721, refd to. [para. 7].

Zajac v. Zwarycz, [1965] 1 O.R. 575, refd to. [para. 10].

Clifton Securities Ltd. v. Huntley, [1948] 2 All E.R. 283, refd to. [para. 14].

Authors and Works Noticed:

Dunlop, C.R.B., Creditor-Debtor Law in Canada (1981), p. 65 [para. 14].

Counsel:

John A. Campion and Michael S.F. Watson, for appellant/defendants;

T.G. Heintzman, Q.C., and R. Paul Steep, for respondent/plaintiffs.

This appeal was heard by Van Camp, J., of the Ontario Divisional Court on February 17, 21 and 22 and July 18, 1984. The decision of the Divisional Court was delivered by Van Camp, J., and was released on December 12, 1984.