Elias Markets Ltd., Re (Court of Appeal)
Elias Markets Ltd., Re, 2006 CanLII 31904
Ontario Court of Appeal
September 19, 2006
The Bank of Montreal (BMO) appealed against an order declaring that notwithstanding its prior perfected security, Royal Bank and Royal Trust Corporation of Canada (collectively, RBC), represented by Milton Davis and Brett Moldaver, were entitled to subrogation rights for more than $1 million in priority to the security held by BMO. The Court of Appeal, upholding an earlier decision of Justice Rady, affirmed RBC’s subrogation rights, and awarded RBC priority to BMO’s registered security agreement.