Tue 12 Aug 2008
Funtig Files Appeal
Posted by admin under Discussion, Legal
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Stephen Funtig, the trustee for the Capitol theatre, has exercised his right to appeal last week’s decision in favour of the City of Windsor. From the Windsor Star:
The ongoing battle over the Capitol Theatre is going to drag on a lot longer after the trustee served notice of appeal to a judge’s ruling that $1.8 million provided by the city was a loan and not a grant.
“We received a formal notice of appeal on Friday,” said lawyer William Willis of the McTague Law Firm, which is representing the city on the issue.
“It stops our ability to move forward with the foreclosure.”
Bankruptcy trustee Stephen Funtig had his London law firm serve the notice after reviewing the July 31 ruling of senior justice Lynne Leitch, which concluded that the $1.8 million provided to save the theatre from demolition was, in fact, a loan.
That decision made it possible for the city to begin the foreclosure process on the 88-year-old theatre, which has sat largely silent since last year when it went bankrupt.
“It’s basically saying they don’t agree with the judge’s findings,” said Willis.
The issue will now go before the Court of Appeal for Ontario in Toronto. No date has been set for a hearing.
“It will take some time,” said Willis.
“This isn’t going to happen any time soon.”
Funtig did not return a call requesting comment. Willis was not surprised the decision was appealed.
“It’s his right to appeal and it’s his decision to exercise it,” said Willis.
The theatre closed on March 7, 2007 but has been occasionally opened for some performances.
It has been run by volunteers and performing groups have rented the space to help offset the monthly costs of $10,000 for utilities and insurance to keep the building open.
Source: http://www.canada.com/windsorstar/news/story.html?id=42fdcb26-3c70-46b3-9c2b-64cd39e6fc45



