Docket
24711
Philippe Adrien, et al. v. Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
(Ontario) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1998-10-14 | Payment out cheque issued, #2201-07583249 in the amount of $530.73 dated June 11/98 payable to Sack, Goldblatt, Mitchell | |
| 1998-10-14 | General proceeding, 'Satisfaction Piece' | Philippe Adrien |
| 1998-06-05 | Approved order for payment out, sent to Finance on June 5/98 | |
| 1998-03-05 | Record returned to the Registrar of the Court of Appeal, (1 env.) | |
| 1998-02-10 | Copy of formal judgment being prepared, all parties | |
| 1998-02-09 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1998-02-03 | Appeal closed | |
| 1998-01-23 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-01-22 | Judgment on the appeal rendered, G Co McL Ia Ma, The appeal is allowed and paragraph 1 of the order of the Court of Appeal is set aside. An order is substituted declaring that former employees of Rizzo & Rizzo Shoes Limited are entitled to make claims for termination pay (including vacation pay due thereon) and severance pay as unsecured creditors. The costs in this Court are to be paid to the appellants by the Ministry of Labour on a party-and-party basis. The orders of the courts below with respect to costs stand. Allowed, with costs |
|
| 1997-10-30 | Record returned to the Registrar of the Court of Appeal, (1 box) | |
| 1997-10-30 | General proceeding, transcripts received and distributed to the judges (61 pages) | |
| 1997-10-16 | Hearing of the appeal, 1997-10-16, G Co McL Ia Ma Decision reserved |
|
| 1997-10-02 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1997-09-30 | Appellant's factum, 24 copies (see order dated Aug. 26, 1997), with service, Completed on: 1997-09-30 | Ministry of Labour for Ontario, Employment Standards Branch |
| 1997-09-16 | Correspondence (sent by the Court) to, (by fax) from Kathleen Martin; re: spelling mistake in the appellant's name (should read Adrien and not Adrian) (original received on Sept. 19, 1997) | |
| 1997-09-10 | Appeal court record, 1 box | |
| 1997-09-05 | Notice of hearing | Philippe Adrien |
| 1997-09-03 | Order on motion to extend time, to file their factum | |
| 1997-09-02 | Book of authorities, 10 copies, Completed on: 1997-09-02 | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1997-09-02 | Decision on motion to extend time, to file their factum to Aug. 21/97, Reg Granted, no order as to costs |
|
| 1997-09-02 | Hearing of motion to extend time, 1997-09-02, to file their factum to Aug. 21/97, Reg | |
| 1997-09-02 | Submission of motion to extend time, 1997-09-02, to file their factum to Aug. 21/97, Reg | |
| 1997-08-29 | Response to motion to extend time, to file the respondent's factum (one week extension) (Kathleen Martin), Completed on: 1997-08-29 | Philippe Adrien |
| 1997-08-29 | Affidavit, to file the respondent's factum to Aug. 21, 1997 (Raymond Slattery), with service | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1997-08-29 | $50.00 filing fee for notice of motion, receipt no. 34646 | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1997-08-29 | Motion to extend time, to file the respondent's factum to Aug. 21, 1997, with service, Completed on: 1997-08-29 | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1997-08-27 | Appeal hearing scheduled, 1997-10-16 Decision reserved |
|
| 1997-08-26 | Correspondence (sent by the Court) to, from Minden, Gross to M. Larmour, letter dated Aug. 25, 1997 (fax copy) re: will not be filing any material in connection with the Appellant's motion for directions; supports the position of the Appellants | |
| 1997-08-26 | Decision on motion for directions, re: status of the Ministry of Labour; 1. The Ministry of Labour for the Province of Ontario, Employment Standards Branch be added as a party to this appeal; 2. The Ministry may serve and file a factum on or before Sept. 30/97, Ia Granted, no order as to costs |
|
| 1997-08-26 | Hearing of motion for directions, 1997-08-26, re: status of the Ministry of Labour; 1. The Ministry of Labour for the Province of Ontario, Employment Standards Branch be added as a party to this appeal; 2. The Ministry may serve and file a factum on or before Sept. 30/97, Ia | |
| 1997-08-26 | Submission of motion for directions, 1997-08-26, re: status of the Ministry of Labour; 1. The Ministry of Labour for the Province of Ontario, Employment Standards Branch be added as a party to this appeal; 2. The Ministry may serve and file a factum on or before Sept. 30/97, Ia | |
| 1997-08-21 | Respondent's factum, 25 copies (extension of time requesred), with service, Completed on: 1997-08-21 | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1997-08-21 | General proceeding, reply to the response of the Ministry on the motion for directions (letterform by fax from Sack, Goldblatt) (original received on Aug. 25, 1997) | Philippe Adrien |
| 1997-08-19 | Proof of service, of the response on motion for directions | |
| 1997-08-15 | General proceeding, response to the motion for directions; the Ministry does not wish to be a party to the appeal | Ministry of Labour for Ontario, Employment Standards Branch |
| 1997-08-11 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-08-11 | Affidavit, 2 copies; Kathleen Martin, with service | Philippe Adrien |
| 1997-08-11 | $50.00 filing fee for notice of motion, receipt #34571 | Philippe Adrien |
| 1997-08-11 | Motion for directions, clarifying the status of the Ministry of Labour; 2 copies, with service, Completed on: 1997-08-11 | Philippe Adrien |
| 1997-07-14 | Appeal court record, (1 envelope) | |
| 1997-07-02 | Correspondence (sent by the Court) to, (by fax) from Dave Vickers; re: acknowledge receipt of the letter from S. Barrett; obtain instructions regarding our position as soon as possible | |
| 1997-07-02 | General proceeding, 10 copies of Statutes and Legislative Debates | Philippe Adrien |
| 1997-07-02 | Book of authorities, 10 copies, Completed on: 1997-07-02 | Philippe Adrien |
| 1997-06-30 | Correspondence (sent by the Court) to, (by fax) from Steven M. Barrett; re: the position of the Minister of Labour for the Province of Ontario | |
| 1997-06-16 | Appellant's factum, 24 copies, with service, Completed on: 1997-06-16 | Philippe Adrien |
| 1997-06-16 | Certified casebook, 1 copy, with service | Philippe Adrien |
| 1997-05-30 | Order on motion to extend time, to file the Case on Appeal and the Factum | |
| 1997-05-28 | Response to motion to extend time, to file the Case on Appeal and the factum (letterform), Completed on: 1997-05-28 | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1997-05-27 | Correspondence (sent by the Court) to, (by fax) from Dave Vickers addressed to Kathleen Martin; re: copy of Case on Appeal | |
| 1997-05-26 | Decision on motion to extend time, to file the case on appeal to May 16/97 and the appellants' factum to June 16/97, Reg Granted, no order as to costs |
|
| 1997-05-26 | Hearing of motion to extend time, 1997-05-26, to file the case on appeal to May 16/97 and the appellants' factum to June 16/97, Reg | |
| 1997-05-26 | Submission of motion to extend time, 1997-05-26, to file the case on appeal to May 16/97 and the appellants' factum to June 16/97, Reg | |
| 1997-05-23 | Affidavit, to file the case on appeal to May 16, 1997 and the appellant's factum to June 16, 1997 (Kathleen Martin) - 2 copies - book form, with service | Philippe Adrien |
| 1997-05-23 | $50.00 filing fee for notice of motion, receipt no. 34184 | Philippe Adrien |
| 1997-05-23 | Motion to extend time, to file the case on appeal to May 16, 1997 and the appellant's factum to June 16, 1997 (2 copies - book form), with service, Completed on: 1997-05-23 | Philippe Adrien |
| 1997-05-16 | Case on appeal, 23 copies (extension of time requested) | Ministry of Labour for Ontario, Employment Standards Branch |
| 1997-03-04 | Correspondence (sent by the Court) to, from Sack, Goldblatt to M. Larmour, letter dated March 4, 1997 re: they will file a motion to extend the time to file the case on appeal as soon as possible | |
| 1996-12-31 | Order granting leave to appeal | |
| 1996-12-24 | Proof of service, of Notice of Appeal (admitted on Dec. 20/96) | |
| 1996-12-19 | $500 security deposit paid, receipt no. 2400 | Philippe Adrien |
| 1996-12-19 | $10.00 fee for depositing security, receipt no. 33240 | Philippe Adrien |
| 1996-12-19 | Correspondence (sent by the Court) to, Sent to Sack, Goldblatt, Mitchell (Toronto, ON) enclosing a copy of the Rule 32. c.c. Henry S. Brown, Q.C, Gowling, Strathy, & Henderson | |
| 1996-12-18 | Notice of appeal, Completed on: 1996-12-18 | Philippe Adrien |
| 1996-12-09 | Correspondence (sent by the Court) to, Sent to Minden, Gross, Grafstein & Greenstein (Toronto, ON) enclosing copy of Rule 32. | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Minden, Gross, Grafstein & Greenstein (Toronto, ON) | |
| 1996-12-05 | Judgment of the Court on the application for leave to appeal, L'HD So McL, The motion to set aside the notice of discontinuance is granted. The motion to be added as parties, the motion for an extension of time and the application for leave to appeal are granted. Granted, no order as to costs |
|
| 1996-12-05 | Decision on motion to add or substitute parties, L'HD So McL Granted, no order as to costs |
|
| 1996-12-05 | Hearing of motion to add or substitute parties, 1996-12-05, L'HD So McL | |
| 1996-12-05 | Submission of motion to add or substitute parties, 1996-12-05, L'HD So McL | |
| 1996-12-05 | Hearing of motion to add or substitute parties, 1996-12-05 Decision reserved |
|
| 1996-12-05 | Submission of motion to add or substitute parties, 1996-12-05 Decision reserved |
|
| 1996-12-05 | Decision on motion to extend time, to file the misc. motion Granted, no order as to costs |
|
| 1996-12-05 | Hearing of motion to extend time, 1996-12-05, to file the misc. motion Decision reserved |
|
| 1996-12-05 | Submission of motion to extend time, 1996-12-05, to file the misc. motion Decision reserved |
|
| 1996-12-05 | Hearing of miscellaneous motion, 1996-12-05 Decision reserved |
|
| 1996-12-05 | Submission of miscellaneous motion, 1996-12-05 Decision reserved |
|
| 1996-12-05 | Decision on the miscellaneous motion, re: order setting aside the discontinuance of the application for leave to appeal, L'HD So McL Granted, no order as to costs |
|
| 1996-12-05 | Hearing of miscellaneous motion, 1996-12-05, re: order setting aside the discontinuance of the application for leave to appeal, L'HD So McL | |
| 1996-12-05 | Submission of miscellaneous motion, 1996-12-05, re: order setting aside the discontinuance of the application for leave to appeal, L'HD So McL | |
| 1996-09-20 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1996-09-12 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-09-12 | Philippe Adrien |
| 1996-09-11 | Correspondence received from, (by fax) from Leah Price; re: will not be making any submissions concerning this leave application (original filed Sept. 23/96) | Ministry of Labour for Ontario, Employment Standards Branch |
| 1996-09-05 | Respondent's response on the application for leave to appeal, 10 copies, with service, Completed on: 1996-09-05 | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1996-06-24 | Motion to add or substitute parties, (joint with misc. motion) - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID), with service, Completed on: 1996-06-24 | Philippe Adrien |
| 1996-06-24 | $50.00 filing fee for a notice of motion, receipt no. 32283 | Philippe Adrien |
| 1996-06-24 | Motion to extend time, to file the misc. motion (joint) - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID), with service, Completed on: 1996-06-24 | Philippe Adrien |
| 1996-06-24 | Affidavit, of Emilia Berardi - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID), with service | Emilia Berardi |
| 1996-06-24 | Notice of miscellaneous motion, re: an order setting aside the discontinuance of the application for leave to appeal (joint) - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID) - book form, with service, Completed on: 1996-06-24 | Philippe Adrien |
| 1996-06-24 | Reopen file, (as motion received) | |
| 1996-06-24 | Application for leave to appeal, 5 copies, Completed on: 1996-06-24 | Philippe Adrien |
| 1995-09-05 | Proof of service, of the notice of discontinuance admitted on August 30/95 | |
| 1995-08-30 | Close file on Leave | |
| 1995-08-30 | Discontinuance of the application for leave to appeal, 2 copies (service on Aug. 30/95 to Zittrer, Siblin & Associates Inc.) sent to L'HD So McL, Aug 31/95, with service | Ministry of Labour for Ontario, Employment Standards Branch |
| 1995-06-23 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-05-31 | Proof of service, of reply | |
| 1995-05-30 | Applicant's reply to respondent's argument, 5 copies, with service | Ministry of Labour for Ontario, Employment Standards Branch |
| 1995-05-24 | Respondent's response on the application for leave to appeal, 5 copies, with service | Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. |
| 1995-05-11 | Book of authorities, 5 copies | Ministry of Labour for Ontario, Employment Standards Branch |
| 1995-05-11 | Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1995-05-11 | Correspondence received from, sent to Minden, Gross, Grafstein & Greenstein (Toronto, ON) enclosing copy of letter dated May 11/95 sent to applicant | |
| 1995-05-08 | $50.00 filing fee, receipt no. 22494 | Ministry of Labour for Ontario, Employment Standards Branch |
| 1995-05-08 | Application for leave to appeal, 5 copies (SEE MOTION DATED JUNE 24/96 - application for leave to appeal has been reproduced in the motion filed by P. Adrien on June 24/96), with service, Completed on: 1995-05-08 | Ministry of Labour for Ontario, Employment Standards Branch |
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