Docket

33692

Club Resorts Ltd. v. Morgan Van Breda, et al.

(Ontario) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2012-04-20 Appeal closed
2012-04-19 Formal judgment sent to the registrar of the court of appeal and all parties
2012-04-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-04-18 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C49188, 2010 ONCA 84, dated February 2, 2010, heard on March 21, 2011, is dismissed with costs.
Dismissed, with costs
2011-04-06 Transcript received, (136 pages)
2011-03-21 Judgment reserved OR rendered with reasons to follow
2011-03-21 Intervener's condensed book, Submitted to the Court - Joint with 33606 (14 copies) Ontario Trial Lawyers Association
2011-03-21 Intervener's condensed book, Submitted to the Court - Joint with 33606 (14 copies) Amnesty International
2011-03-21 Respondent's condensed book, Submitted in Court (14 copies) Morgan Van Breda
2011-03-21 Appellant's condensed book, Submitted in Court (14 copies) Club Resorts Ltd.
2011-03-21 Acknowledgement and consent for video taping of proceedings, From all parties
2011-03-21 Hearing of the appeal, 2011-03-21, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2011-03-18 Correspondence received from, Colin Baxter dated March 18, 2011. Re: Filing of two authorities to be submitted with condensed books Club Resorts Ltd.
2011-03-17 Correspondence received from, John Olah dated March 17, 2011. Re: Information on counsel sheet is correct Club Resorts Ltd.
2011-03-16 Correspondence received from, Chris Paliare dated March 15, 2011. Re: Filing of a NL Court of Appeal decision (2011 NLCA 17)(Sent to the Court on March 17, 2011) Morgan Van Breda
2011-03-09 Order by, LeB, (joint with 33606) FURTHER TO THE ORDER dated January 24, 2011, granting leave to intervene to the Tourism Industry Association of Ontario, the Amnesty International, Canadian Centre for International Justice and Canadian Lawyers for International Human Rights and the Ontario Trial Lawyers Association;
IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Granted
2011-03-07 Intervener's book of authorities, Joint with 33606 (2 volumes), Completed on: 2011-03-07 Amnesty International
2011-03-07 Intervener's factum, Joint with 33606, Completed on: 2011-03-07 Amnesty International
2011-03-07 Intervener's book of authorities, Joint with 33606, Completed on: 2011-03-07 Tourism Industry Association of Ontario
2011-03-07 Intervener's factum, Joint with 33606, Completed on: 2011-03-07 Tourism Industry Association of Ontario
2011-03-07 Notice of appearance, John Terry and Jana Stettner will be present at the hearing. Tourism Industry Association of Ontario
2011-03-07 Notice of appearance, Allan Rouben will be present at the hearing. Ontario Trial Lawyers Association
2011-03-07 Notice of appearance, François Larocque, Michael Sobkin, Mark Power and Lauren Wihak will be present at the hearing. Amnesty International
2011-03-04 Intervener's factum, Joint with 33606, Completed on: 2011-03-04 Ontario Trial Lawyers Association
2011-03-04 Notice of appearance, John Olah and Roman Myndiuk will be present at the hearing. Club Resorts Ltd.
2011-03-01 Notice of appearance, Chris Paliare, Robert Centa and Tina Lie will be present at the hearing. Morgan Van Breda
2011-03-01 Appeal perfected for hearing
2011-02-08 Correspondence received from, Mr. Baxter re:correction to Vol 111 of the Appellant's Record and 24 copies of page 25 of their factum (sent to the Court Feb. 10/11) Club Resorts Ltd.
2011-02-04 Respondent's record, Vol. 1 and 2, Completed on: 2011-02-04 Morgan Van Breda
2011-02-04 Respondent's book of authorities, Completed on: 2011-02-04 Morgan Van Breda
2011-02-04 Respondent's factum, Completed on: 2011-02-04 Morgan Van Breda
2011-01-28 Correspondence (sent by the Court) to, Lauren Wihak, re.: can participate to hearing
2011-01-24 Order on motion for leave to intervene, (BY LEBEL J.)
2011-01-24 Decision on the motion for leave to intervene, LeB, (joint with 33606) UPON APPLICATIONS by the Tourism Industry Association of Ontario, the Amnesty International, Canadian Centre for International Justice and Canadian Lawyers for International Human Rights, the Ontario Trial Lawyers Association and the Lawyers for Civil Justice for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Tourism Industry Association of Ontario, the Amnesty International, Canadian Centre for International Justice and Canadian Lawyers for International Human Rights and the Ontario Trial Lawyers Association are granted and the said three interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 7, 2011.
The motion for leave to intervene of the Lawyers for Civil Justice is dismissed.
The motion by the respondents Charron and Bel Air Travel Group Ltd. (in 33606) and the respondents Morgan Van Breda, Victor Berg, Joan Van Breda, Tony Van Breda, Adam Van Breda and Tonnille Van Breda (in 33692) for costs (disbursements) incurred in responding to motion for leave to intervene of Lawyers for Civil Justice is dismissed.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions
Allowed in part
2011-01-24 Submission of motion for leave to intervene, LeB
2011-01-18 Reply to the motion for leave to intervene, (bookform) (joint with 33606), Completed on: 2011-01-18 Lawyers for Civil Justice
2010-12-29 Response to the motion for leave to intervene, from John A. Olah dated Dec. 29/10 (by Amnesty et al and Lawyers for Civil Justice) (joint with 33606), Completed on: 2010-12-29 Club Resorts Ltd.
2010-12-20 Intervener's book of authorities, on intervention (joint with 33606), Completed on: 2010-12-20 Amnesty International
2010-12-20 Motion for leave to intervene, (bookform) (joint with 33606), Completed on: 2010-12-20 Amnesty International
2010-12-17 Response to the motion for leave to intervene, (joint with 33606) (by TIAO and Ont. Trial Lawyers), Completed on: 2010-12-17 Club Resorts Ltd.
2010-12-17 Motion for leave to intervene, (joint with 33606), Completed on: 2010-12-17 Ontario Trial Lawyers Association
2010-12-16 Motion for leave to intervene, (bookform) (joibnt with 33606), Completed on: 2010-12-16 Lawyers for Civil Justice
2010-12-16 Motion for leave to intervene, (bookform) (joint with 33606), Completed on: 2010-12-16 Tourism Industry Association of Ontario
2010-11-22 Appellant's book of authorities, Completed on: 2010-11-22 Club Resorts Ltd.
2010-11-22 Appellant's record, (3 volumes) - 11 copies of Amended Vol. III rec'd Feb. 8/11 with service., Completed on: 2010-11-22 Club Resorts Ltd.
2010-11-22 Appellant's factum, (24 copies of Amended page 25 rec'd Feb. 8/11 with service) New CD rec'd Feb. 14/11, Completed on: 2011-02-17 Club Resorts Ltd.
2010-11-16 Notice of hearing sent to parties
2010-11-16 Appeal hearing scheduled, 2011-03-21, (start time 9:00am)
Judgment reserved
2010-08-30 Notice of appeal, Completed on: 2010-09-02 Club Resorts Ltd.
2010-07-19 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-07-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-07-09 Judgment on leave sent to the parties
2010-07-08 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C49188, 2010 ONCA 84, dated February 2, 2010, is granted without costs.
Granted, without costs
2010-07-08 Decision on motion to extend time to file and /or serve the leave application
Granted
2010-06-18 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-06-18 Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Cro
2010-06-18 Order on motion to extend time
2010-06-18 Decision on motion to extend time, to serve and file the respondents' response to June 2/10, Reg
Granted
2010-06-18 Submission of motion to extend time, Reg
2010-06-17 Response to motion to extend time, by e-mail dated June 11, 2010, Completed on: 2010-06-17 Club Resorts Ltd.
2010-06-15 Motion to extend time, to serve and file the response, Completed on: 2010-06-17 Morgan Van Breda
2010-06-14 Applicant's reply to respondent's argument, Completed on: 2010-06-14 Club Resorts Ltd.
2010-06-02 Respondent's response on the application for leave to appeal, request mot. for ext. of time, Completed on: 2010-06-15 Morgan Van Breda
2010-05-12 Correspondence received from, Colin S. Baxter, dated May 12-10, by fax, Re: request to have application reviewed with another file Club Resorts Ltd.
2010-05-10 Correspondence received from, John A. Olah, dated May 10-10, by fax, Re: Order form anticipating date of final CA order Club Resorts Ltd.
2010-05-04 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-05-03 Motion to extend the time to file and or serve the application for leave to appeal, 3 copies missing (rec'd May 6-10), Completed on: 2010-05-06 Club Resorts Ltd.
2010-05-03 Book of authorities Club Resorts Ltd.
2010-05-03 Application for leave to appeal, Final CA Order missing (Order form rec'd May 10-10) (final order rec'd May 21-10), Completed on: 2010-05-11 Club Resorts Ltd.
2010-03-15 Correspondence received from, Colin Baxter, dated March 15-10, Re: consent on motion for extension on application of respondent. Club Resorts Ltd.