Appeals from contempt findings should have been consolidated into one

Civil Practice and Procedure - Practice on Appeal - Powers and Duties of Appellate Court

Principal of building company contracted with plaintiff, who was window supplier. Building company owed remaining amount of $10,313.61, after another company controlled by principal paid $2,500.00. Principal pursued legal action to defeat rights of supplier. Principal was unsuccessful, and incurred some $200,000 in costs which was enforceable under lien taken out by supplier. Appellant was assignee of mortgage, with principal controlling assignee. Judicial sale of property was ordered, with approximately $358,000 in costs being held for distribution. Contrary to court order, assignee took steps to enforce mortgage and was found in contempt of court. Assignee appealed from multiple decisions. Assignee also moved to admit fresh evidence on one appeal, while supplier moved to review refusal to dismiss assignee's appeals for delay. Appeals and motions dismissed. Three appeals from contempt findings should have been consolidated into one. Assignee had already admitted liability in previous proceedings. This was not out-of-court apology protected by provincial law. Adjournment request was properly denied by motions judge.

Pollard Windows Inc. v. 1736106 Ontario Inc. (2019), 2019 CarswellOnt 13133, 2019 ONSC 4859, D.L. Corbett J., F.B. Fitzpatrick J., and F.L. Myers J. (Ont. Div. Ct.); affirmed (2018), 2018 CarswellOnt 5421, 2018 ONSC 2268, J.A. Ramsay J. (Ont. S.C.J.). (Ont. Div. Ct.); affirmed (2018), 2018 CarswellOnt 5680, 2018 ONSC 1924, J.A. Ramsay J. (Ont. S.C.J.). (Ont. Div. Ct.); affirmed (2018), 2018 CarswellOnt 22765, 2018 ONSC 7567, J.A. Ramsay J. (Ont. S.C.J.).

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