Docket

34308

Sun Indalex Finance, LLC, et al. v. United Steelworkers, 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)
2013-03-12 Appeal closed
2013-02-15 Correspondence (sent by the Court) to, all parties, re: intention to amend reasons for judgment
2013-02-11 Correspondence received from, Fred Myers dated Feb 11/13 re: precisions needed regading errors in judgment Sun Indalex Finance, LLC
2013-02-07 Correspondence received from, Darrell Brown dated Feb 7/13 re: factual inaccuracies in the judgment United Steelworkers
2013-02-04 Formal judgment sent to the registrar of the court of appeal and all parties
2013-02-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-02-01 Judgment on the appeal rendered, CJ LeB De Abe Ro Cro Mo, The appeals of Sun Indalex Finance LLC, George L. Miller and FTI Consulting Canada ULC from the judgment of the Court of Appeal for Ontario, Numbers C52187 and C52346, 2011 ONCA 265 dated April 7, 2011, heard on June 5, 2012, are allowed. The orders of the Court of Appeal are set aside with the exception of paragraphs 9 and 10 in the former executives’ appeal. The orders of Campbell J. dated February 18, 2010, are restored. All parties shall bear their own costs in the Court of Appeal and in this Court. LeBel and Abella JJ. are dissenting.

The appeal of the United Steelworkers from the judgment of the Court of Appeal for Ontario, Numbers C52187 and C52346, 2011 ONCA 578, dated September 7, 2011, heard on June 5, 2012, is dismissed without costs.

Allowed in part
2012-08-15 Correspondence received from, Andrew Hatnay dated August 15/12 re: Order of the Court of Appeal for Ontario relevant to the case, sent to the Court on August 23/12 Keith Carruthers
2012-06-25 Transcript received, (107 pages)
2012-06-05 Judgment reserved OR rendered with reasons to follow
2012-06-05 Intervener's condensed book, Submitted in Court (14 copies) Insolvency Institute of Canada
2012-06-05 Intervener's condensed book, Submitted in Court (14 copies) Canadian Bankers Association
2012-06-05 Intervener's condensed book, Submitted in Court (14 copies) Canadian Association of Insolvency and Restructuring Professionals
2012-06-05 Intervener's condensed book, Submitted in Court (14 copies) Superintendent of Financial Services
2012-06-05 Respondent's condensed book, Submitted in Court (14 copies) United Steelworkers
2012-06-05 Respondent's condensed book, Submitted in Court (14 copies) Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-06-05 Respondent's condensed book, Submitted in Court (14 copies) Keith Carruthers
2012-06-05 Respondent's condensed book, Submitted in Court - On Costs (14 copies) Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-06-05 Appellant's condensed book, Submitted in Court -On Costs (14 copies) United Steelworkers
2012-06-05 Appellant's condensed book, Submitted in court (14 copies) FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-06-05 Appellant's condensed book, Submitted in Court (14 copies) Sun Indalex Finance, LLC
2012-06-05 Acknowledgement and consent for video taping of proceedings, From all parties
2012-06-05 Hearing of the appeal, 2012-06-05, CJ LeB De Abe Ro Cro Mo
Judgment reserved
2012-05-30 Order on motion to file a reply factum on appeal, (BY ROTHSTEIN J.)
2012-05-30 Decision on the motion to file a reply factum on appeal, Ro, UPON APPLICATION by the respondents Keith Carruthers, Leon Kozierok, Richard Benson, John Faveri, Ken Waldron, John (Jack) W. Rooney, Bertram McBride, Max Degen, Eugene D'Iorio, Neil Fraser, Richard Smith, Robert Leckie and Fred Granville (the Retirees) for an order permitting the filing of a 4 page reply factum to the factum of the intervener Canadian Association of Insolvency and Restructuring Professionals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY FURTHER ORDERED THAT:
The motion is dismissed without costs
Dismissed, without costs
2012-05-30 Submission of motion to file a reply factum on appeal, Ro
2012-05-30 Reply to motion to file a reply factum on appeal, (Letter Form), from Andrew J. Hatnay dated May 29/12, Completed on: 2012-05-30 Keith Carruthers
2012-05-29 Response to motion to file a reply factum on appeal, (Letter Form), from Nicholas McHaffie dated May 29/12, Completed on: 2012-05-29 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-05-28 Response to motion to file a reply factum on appeal, (Letter Form), from Fred Myers dated May 28/12, Completed on: 2012-05-28 Sun Indalex Finance, LLC
2012-05-28 Response to motion to file a reply factum on appeal, (Letter Form), from Jeff Beedell dated May 28/12, Completed on: 2012-05-28 Canadian Association of Insolvency and Restructuring Professionals
2012-05-28 Correspondence received from, Nelligan O'Brien Payne dated May 28, 2012. Re: Allocation of time for the appellants Sun Indalex Finance, LLC
2012-05-24 Correspondence received from, Gowlings dated May 24, 2012 (by e-mail). Re: Order of oral arguments from the respondents Keith Carruthers
2012-05-24 Response to motion to file a reply factum on appeal, (Letter Form), from Colleen Bauman dated May 24/12, Completed on: 2012-05-24 United Steelworkers
2012-05-24 Correspondence received from, 1 reserved seat requested United Steelworkers
2012-05-23 Motion to file a reply factum on appeal, of 4 pages to the factum of the intervener Canadian Association of Insolvency and Restructuring Professionals (bookform), Completed on: 2012-05-24 Keith Carruthers
2012-05-18 Correspondence received from, 8 reserved seats requested Canadian Federation of Pensioners
2012-05-18 Notice of appearance, Kenneth Rosenberg, Andrew Lokan and Massimo Starnino will be present at the hearing. Canadian Federation of Pensioners
2012-05-18 Notice of appearance, David Byers , Ashley John Taylor and Nicholas McHaffie will be present at the hearing. FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-05-18 Notice of appearance, Robert Thornton and D.J. Miller will be present at the hearing. Insolvency Institute of Canada
2012-05-18 Correspondence received from, 11 reserved seats requested Keith Carruthers
2012-05-16 Notice of appearance, Mark Bailey, Leonard Marsello, William MacLarkey and Ananthan Sinnadurai will be present at the hearing. Superintendent of Financial Services
2012-05-16 Notice of appearance, Harvey Chaiton and George Benchetrit will be present at the hearing. George L. Miller, The Chapter 7 Trustee of the Bankruptcy Estates of the US Indalex Debtors
2012-05-16 Notice of appearance, Darrell Brown will be present at the hearing. United Steelworkers
2012-05-16 Notice of appearance, Steven Barrett and Ethan Poskanzer will be present at the hearing. Canadian Labour Congress
2012-05-15 Notice of appearance, Mahmud Jamal, Tracy Sandler, Tony Devir and Jeremy Dacks will be present at the hearing. Canadian Bankers Association
2012-05-15 Notice of appearance, Éric Vallières, Alexandre Forest, Yoine Goldstein and Jeffrey Beedell will be present at the hearing. Canadian Association of Insolvency and Restructuring Professionals
2012-05-15 Notice of appearance, Benjamin Zarnett, Frederick Myers, Brian Empey and Peter Kolla will be present at the hearing. Sun Indalex Finance, LLC
2012-05-15 Notice of appearance, Andrew Hatnay and Demetrios Yiokaris will be present at the hearing. Keith Carruthers
2012-05-11 Notice of appearance, Hugh O'reilly and Amanda Darrach will be present at the hearing. Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-05-11 Correspondence received from, 3 reserved seats requested Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-05-10 Order by, Ro, FURTHER TO THE ORDER dated March 14, 2012, granting leave to intervene to the Superintendent of Financial Services, the Insolvency Institute of Canada, the Canadian Labour Congress, the Canadian Federation of Pensioners, the Canadian Association of Insolvency and Restructuring Professionals and the Canadian Bankers Association in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT: each of the said interveners is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Granted
2012-05-10 Intervener's book of authorities, Completed on: 2012-05-10 Canadian Federation of Pensioners
2012-05-09 Intervener's book of authorities, Completed on: 2012-05-09 Canadian Association of Insolvency and Restructuring Professionals
2012-05-09 Intervener's factum, Completed on: 2012-05-09 Canadian Association of Insolvency and Restructuring Professionals
2012-05-09 Intervener's factum, Completed on: 2012-05-09 Canadian Federation of Pensioners
2012-05-09 Intervener's book of authorities, Completed on: 2012-05-09 Insolvency Institute of Canada
2012-05-09 Intervener's factum, Completed on: 2012-05-09 Insolvency Institute of Canada
2012-05-09 Intervener's book of authorities, Completed on: 2012-05-09 Canadian Labour Congress
2012-05-09 Intervener's factum, Completed on: 2012-05-09 Canadian Labour Congress
2012-05-09 Intervener's book of authorities, Completed on: 2012-05-09 Canadian Bankers Association
2012-05-09 Intervener's factum, Completed on: 2012-05-09 Canadian Bankers Association
2012-05-08 Intervener's book of authorities, Completed on: 2012-05-08 Superintendent of Financial Services
2012-05-08 Intervener's factum, Completed on: 2012-05-08 Superintendent of Financial Services
2012-04-24 Correspondence received from, Colleen Bauman dated April 24, 2012. Re: Allocation of time United Steelworkers
2012-04-13 Reply factum on appeal, Pursuant to Rules 29(4) and 35(4), Completed on: 2012-04-13 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-04-13 Reply factum on appeal, Pursuant to Rules 29(4) and 35(4), Completed on: 2012-04-13 Sun Indalex Finance, LLC
2012-04-03 Appeal perfected for hearing
2012-03-30 Respondent's book of authorities, Completed on: 2012-03-30 Keith Carruthers
2012-03-30 Respondent's record, Completed on: 2012-03-30 Keith Carruthers
2012-03-30 Respondent's factum, Rule 29(3) included, Completed on: 2012-03-30 Keith Carruthers
2012-03-30 Respondent's book of authorities, Completed on: 2012-03-30 United Steelworkers
2012-03-30 Respondent's record, (2 volumes), Completed on: 2012-03-30 United Steelworkers
2012-03-30 Respondent's factum, Completed on: 2012-03-30 United Steelworkers
2012-03-30 Respondent's book of authorities, As per the Order of Chief Justice dated January 27, 2012., Completed on: 2012-03-30 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-03-30 Respondent's record, As per the Order of Chief Justice dated January 27, 2012., Completed on: 2012-03-30 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-03-30 Respondent's factum, As per the Order of Chief Justice dated January 27, 2012., Completed on: 2012-03-30 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-03-30 Respondent's book of authorities, On Costs, Completed on: 2012-03-30 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-03-30 Respondent's factum, On Costs, Completed on: 2012-03-30 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-03-28 Respondent's factum, Completed on: 2012-03-28 Superintendent of Financial Services
2012-03-14 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-03-14 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Superintendent of Financial Services, the Insolvency Institute of Canada, the Canadian Labour Congress, the Canadian Federation of Pensioners, the Canadian Association of Insolvency and Restructuring Professionals and the Canadian Bankers Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Superintendent of Financial Services, the Insolvency Institute of Canada, the Canadian Labour Congress, the Canadian Federation of Pensioners, the Canadian Association of Insolvency and Restructuring Professionals and the Canadian Bankers Association are granted and the said six interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before May 9, 2012.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention
Granted
2012-03-14 Submission of motion for leave to intervene, Ro
2012-03-09 Notice of hearing sent to parties
2012-03-09 Appeal hearing scheduled, 2012-06-05, (Start Time - 9:00 A.M.)
Judgment reserved
2012-03-05 Reply to the motion for leave to intervene, (Letter Form), from Éric Vallières dated March 5/12, Completed on: 2012-03-05 Canadian Association of Insolvency and Restructuring Professionals
2012-03-05 Reply to the motion for leave to intervene, (Letter Form), from D.J. Miller dated March 2/12, Completed on: 2012-03-05 Insolvency Institute of Canada
2012-03-02 Reply to the motion for leave to intervene, (Letter Form), from Ethan Poskanzer dated March 2/12, Completed on: 2012-03-02 Canadian Labour Congress
2012-03-02 Reply to the motion for leave to intervene, (Letter Form), from Mahmud Jamal dated March 2/12, Completed on: 2012-03-02 Canadian Bankers Association
2012-02-27 Response to the motion for leave to intervene, (bookform) (by IIC), Completed on: 2012-02-27 United Steelworkers
2012-02-27 Response to the motion for leave to intervene, (bookform) (by CAIRP), Completed on: 2012-02-27 United Steelworkers
2012-02-27 Response to the motion for leave to intervene, (bookform) (by CBA), Completed on: 2012-02-27 United Steelworkers
2012-02-27 Response to the motion for leave to intervene, (Letter Form), from Andrew J. Hatnay dated Feb. 27/12 (by CLC, CFP and SFS), Completed on: 2012-02-27 Keith Carruthers
2012-02-27 Response to the motion for leave to intervene, (Letter Form), from Amanda Darrach dated Feb. 27/12 (by Superintendent of Financial Services), Completed on: 2012-02-27 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-02-27 Response to the motion for leave to intervene, (Letter Form), from Darrell Brown dated Feb. 27/12 (by SFS, CLC and CFP), Completed on: 2012-02-27 United Steelworkers
2012-02-24 Response to the motion for leave to intervene, (Letter Form), from Fred Myers dated Feb. 24/12, Completed on: 2012-02-24 Sun Indalex Finance, LLC
2012-02-24 Response to the motion for leave to intervene, (Letter Form), from Nicholas McHaffie dated Feb. 24/12 (by all interveners), Completed on: 2012-02-24 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-02-17 Motion for leave to intervene, (bookform), Completed on: 2012-02-17 Canadian Bankers Association
2012-02-17 Motion for leave to intervene, (bookform), Completed on: 2012-02-17 Canadian Association of Insolvency and Restructuring Professionals
2012-02-17 Motion for leave to intervene, (bookform), Completed on: 2012-02-17 Canadian Federation of Pensioners
2012-02-17 Motion for leave to intervene, (bookform), Completed on: 2012-02-17 Canadian Labour Congress
2012-02-17 Appellant's book of authorities, Completed on: 2012-02-17 United Steelworkers
2012-02-17 Appellant's record, (2 volumes), Completed on: 2012-02-17 United Steelworkers
2012-02-17 Appellant's factum, Completed on: 2012-02-17 United Steelworkers
2012-02-16 Motion for leave to intervene, (bookform), Completed on: 2012-02-16 Superintendent of Financial Services
2012-02-16 Motion for leave to intervene, (bookform), Completed on: 2012-02-16 Insolvency Institute of Canada
2012-02-10 Appellant's book of authorities, Completed on: 2012-02-10 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-02-10 Appellant's record, Joint (3 volumes), Completed on: 2012-02-10 Sun Indalex Finance, LLC
2012-02-10 Appellant's factum, Completed on: 2012-02-10 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-02-10 Appellant's book of authorities, Completed on: 2012-02-10 Sun Indalex Finance, LLC
2012-02-10 Appellant's factum, Completed on: 2012-02-10 Sun Indalex Finance, LLC
2012-02-10 Appellant's factum, Completed on: 2012-02-10 George L. Miller, The Chapter 7 Trustee of the Bankruptcy Estates of the US Indalex Debtors
2012-02-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-01-27 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) (joint with the order on motion to expedite)
2012-01-27 Order on motion to expedite the appeal, (BY THE CHIEF JUSTICE) (joint with order on C.Q.)
2012-01-27 Decision on motion to expedite the appeal, (joint with motion for C.Q.), CJ, UPON APPLICATION by the respondents Retirees Keith Carruthers, et al., to expedite the motion to expedite and the main appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
2. The motion to expedite is granted without costs and the schedule for serving and filing the material in both the main appeal and the appeal on costs is set as follows:
a. The facta, records and book of authorities of the appellants on the main appeal to be served and filed by February 10, 2012;
b. The facta, records and book of authorities of the appellant on the appeal on costs to be served and filed by February 17, 2012;
c. Any application for leave to intervene to be served and filed by February 17, 2012;
d. The responses to any application for leave to intervene to be served and filed by February 27, 2012;
e. The replies on any application for leave to intervene to be served and filed by March 5, 2012;
f. The facta, record and authorities of the respondents on both appeals to be served and filed by March 30, 2012;
g. The intervener’s factums to be served and filed in accordance with the date set in the order granting leave to intervene; and,
h. The appeal is to be heard on June 5, 2012.
3. Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership) is added as a full party in the main appeal
Granted, without costs
2012-01-27 Decision on the motion to state a constitutional question, (joint with motion to expedite), CJ, UPON APPLICATION by the appellant Sun Indalex Finance, LLC, for an order stating constitutional questions in the main appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to state constitutional questions is dismissed with costs to the respondents on the main appeal
Dismissed, with costs
2012-01-27 Submission of motion to expedite the appeal, CJ
2012-01-27 Submission of motion to state a constitutional question, CJ
2012-01-27 Correspondence received from, Marie-France Major, by email dated Jan. 27/12 re change to Morneau Shepell Ltd. Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-01-24 Response to motion to expedite the appeal, (Letter Form), from Marie-France Major, dated Jan.24/12, by fax, Completed on: 2012-01-24 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-01-24 Response to motion to expedite the appeal, (Letter Form), from Colleen Bauman, dated Jan.24/12, by fax, Completed on: 2012-01-24 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2012-01-20 Notice of appeal, Completed on: 2012-01-20 United Steelworkers
2012-01-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-01-20 Judgment on leave sent to the parties
2012-01-19 Judgment of the Court on the application for leave to appeal, (fourth application), The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C52187 and C52346, 2011 ONCA 578, dated September 7, 2011, is granted with costs in the cause.
Granted, with costs in the cause
2012-01-17 Response to motion to expedite the appeal, (Letter Form), from Nicholas McHaffie, dated Jan.17/12, by fax, Completed on: 2012-01-17 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2012-01-17 Response to motion to expedite the appeal, (Letter Form), from Colleen Bauman, by fax, dated Jan.17/12, Completed on: 2012-01-17 United Steelworkers
2012-01-13 Reply to the motion to state a constitutional question, (Letter Form), from Fred Myers dated Jan. 13/12 (sur-reply), Completed on: 2012-01-13 Sun Indalex Finance, LLC
2012-01-13 Motion to expedite the appeal, (bookform), Completed on: 2012-01-13 Keith Carruthers
2012-01-12 Response to the motion to state a constitutional question, (Letter Form), from Andrew J. Hatnay dated Jan. 12/12 (sur-response), Completed on: 2012-01-12 United Steelworkers
2012-01-12 Reply to the motion to state a constitutional question, (bookform), Completed on: 2012-01-12 Sun Indalex Finance, LLC
2012-01-06 Response to the motion to state a constitutional question, (Bookform) (Joint response of Retirees and United Steelworkers) Service to come (rec'd Jan.10/12), Completed on: 2012-01-11 United Steelworkers
2012-01-06 Response to the motion to state a constitutional question, (Letter Form), from Harvey G. Chaiton, dated Jan.6/12, rec`d by fax, Completed on: 2012-01-06 George L. Miller, The Chapter 7 Trustee of the Bankruptcy Estates of the US Indalex Debtors
2012-01-04 Response to the motion to state a constitutional question, (Letter Form), from Nicholas McHaffie, dated Jan.4/12, rec'd by fax, Completed on: 2012-01-04 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2011-12-28 Motion to state a constitutional question, (bookform), Completed on: 2011-12-28 Sun Indalex Finance, LLC
2011-12-19 Notice of appeal, cd to come (rec'd Dec.20/11), Completed on: 2011-12-19 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2011-12-19 Notice of appeal, Completed on: 2011-12-19 George L. Miller, The Chapter 7 Trustee of the Bankruptcy Estates of the US Indalex Debtors
2011-12-19 All materials on application for leave submitted to the Judges, LeB F Cro
2011-12-12 Book of authorities Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-12-12 Applicant's reply to respondent's argument, Completed on: 2011-12-12 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-12-09 Notice of appeal, Completed on: 2011-12-09 Sun Indalex Finance, LLC
2011-12-05 Book of authorities Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-12-05 Respondent's response on the application for leave to appeal, Completed on: 2011-12-05 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-12-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-12-02 Judgment on leave sent to the parties
2011-12-01 Judgment of the Court on the application for leave to appeal, The motion to strike out the affidavit of Jay Swartz from the Application Record of FTI Consulting Canada ULC is granted without costs. The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C52187 and C52346, 2011 ONCA 265, dated April 7, 2011, are granted with costs in the cause.
Granted, with costs in the cause
2011-12-01 Decision on motion to strike out, see judgment.
Granted, without costs
2011-11-29 Correspondence (sent by the Court) to, re: acknowledgment of letters and emails
2011-11-28 Correspondence received from, Henry S. Brown, Q.C. by email dated Nov. 28/11 re term to appear in order Keith Carruthers
2011-11-14 Correspondence received from, Andrew J. Hatney, dated Nov.14/11, by fax, Re: continuation of letter dated Nov.11/11 (sent to the Court on Nov 18, 2011) Keith Carruthers
2011-11-14 Correspondence received from, Andrew J. Hatnay, dated Nov.11/11, by fax, Re: Request to add a term in anticipated order (sent to the Court on Nov 18, 2011) Keith Carruthers
2011-11-10 Correspondence received from, Amanda Darrach, dated Nov.10/11, Re: response to letter dated Nov.9/11 from Colleen Bauman Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-11-10 Correspondence received from, Colleen Bauman, dated Nov.9/11, Re: change in style of cause for the applicaton for leave on costs United Steelworkers
2011-11-07 General proceeding, Notice of Change of Agent for the Respondent, United Steel Workers. Colleen Bauman is replacing Kelly Doctor of the same firm (Sack Goldblatt Mitchell LLP) United Steelworkers
2011-11-07 Book of authorities United Steelworkers
2011-11-07 Application for leave to appeal, (2 volumes) (Fourth application - On Costs), Completed on: 2011-11-07 United Steelworkers
2011-11-01 Correspondence received from, A. Darrach, dated November 1st, 2011 re: request to participate in the leave Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-10-24 All materials on application for leave submitted to the Judges, LeB F Cro
2011-10-24 Submission of motion to strike out, LeB F Cro
2011-10-20 Correspondence received from, Darrell Brown, dated Oct.13/11, Re: intent to file an application for leave in respect of the Costs Endorsement issued Sept.7/11 United Steelworkers
2011-09-15 Applicant's reply to respondent's argument, Service missing - Rec'd on September 28, 2011, Completed on: 2011-09-28 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2011-09-15 Applicant's reply to respondent's argument, Reply to the Retirees, Completed on: 2011-09-15 Sun Indalex Finance, LLC
2011-09-15 Applicant's reply to respondent's argument, Reply to United Steelworkers, Completed on: 2011-09-15 Sun Indalex Finance, LLC
2011-09-06 Book of authorities, Joint Keith Carruthers
2011-09-06 Respondent's response on the application for leave to appeal, Completed on: 2011-09-06 Keith Carruthers
2011-09-06 Respondent's response on the application for leave to appeal, Completed on: 2011-09-06 Keith Carruthers
2011-09-06 Respondent's response on the application for leave to appeal, Completed on: 2011-09-06 Keith Carruthers
2011-08-22 Correspondence received from, Hugh O'Reilly, dated Aug.22/11, by fax, Re: reservation of rights to participate in appeal if leave is granted Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-08-19 Correspondence received from, Mark Bailey, dated Aug.19/11, by fax, Re: party status of Superintendent of Financial Services Superintendent of Financial Services
2011-08-16 Order on motion to strike out, (BY CROMWELL J.)
2011-08-16 Decision on motion to strike out, UPON APPLICATION by the respondents Keith Carruthers, Leon Kozierok, Richard Benson, John Faveri, Ken Wladron, John (Jack) W. Rooney, Bertram McBride, Max Degen, Eugene D'Iorio, Neil Fraser, Richard Smith, Robert Leckie and Fred Granville for an order striking the Affidavit of Jay Swartz, sworn June 6, 2011, and all the references thereto from the applications for leave;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is referred to the panel which will be seized of the application for leave to appeal.
The respondents Keith Carruthers, Leon Kozierok, Richard Benson, John Faveri, Ken Wladron, John (Jack) W. Rooney, Bertram McBride, Max Degen, Eugene D'Iorio, Neil Fraser, Richard Smith, Robert Leckie and Fred Granville are granted an extension of 20 days from this order to serve and file their responses to the applications for leave to appeal
Referred
2011-08-16 Submission of motion to strike out, Cro
2011-08-08 Reply to motion to strike out, Completed on: 2011-08-08 Keith Carruthers
2011-08-08 Respondent's response on the application for leave to appeal, THIRD APPLICATION, Completed on: 2011-08-08 United Steelworkers
2011-08-08 Respondent's response on the application for leave to appeal, SECOND APPLICATION, Completed on: 2011-08-08 United Steelworkers
2011-08-08 Respondent's response on the application for leave to appeal, FIRST APPLICATION, Completed on: 2011-08-08 United Steelworkers
2011-08-05 Correspondence received from, Andrew J. Hatnay dated Aug. 5/11 re motion to strike should be dealt with separately Keith Carruthers
2011-08-03 Correspondence received from, George Benchetrit, dated Aug.3/11, by fax, Re: issue of intervener being able to file application George L. Miller, The Chapter 7 Trustee of the Bankruptcy Estates of the US Indalex Debtors
2011-07-28 Response to motion to strike out, (bookform) (3 add. copies rec'd Aug. 4/11), Completed on: 2011-07-28 Sun Indalex Finance, LLC
2011-07-27 Response to motion to strike out, (bookform) Service missing, received on July 29., Completed on: 2011-07-29 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2011-07-22 Response to motion to strike out, (Letter Form), from Darrell Brown dated July 22/11 re supports the motion (original rec'd July 26/11), Completed on: 2011-07-22 United Steelworkers
2011-07-18 Book of authorities, on motion to strike Keith Carruthers
2011-07-18 Motion to strike out, the affidavit of Jay Swartz, sworn June 6, 2011 from the application of the Monitor (third application) (bookform) (3 add. copies rec'd Aug. 5/11), Completed on: 2011-07-19 Keith Carruthers
2011-07-11 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, (Third Application)
2011-07-11 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, (Second Application)
2011-07-11 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, (First Application)
2011-07-07 Correspondence received from, Hugh O'Reilly, dated July 7/11, by fax, Re: Morneau Shepell Ltd. will not be filing materials Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-06-30 Correspondence received from, Mark Bailey, dated June 30/11, by fax, Re: Superintendent of Financial Services takes no position on the leave application Superintendent of Financial Services
2011-06-14 Correspondence received from, Mark Bailey, dated June 14/11, by fax, Re: response to letter of Mr. Myers dated June 10/11 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-06-13 Correspondence received from, Hugh O'Reilly, dated June 13/11, by fax, Re: response to Mr. Myer's letter of June 10/11 Morneau Shepell Ltd. (formerly known as Morneau Sobeco Limited Partnership)
2011-06-13 Correspondence received from, Dougald Brown, dated June 10/11, Re: Notice of agent representing two opposing parties Sun Indalex Finance, LLC
2011-06-10 Correspondence received from, Fred Myers, dated June 10/11, by fax, Re: reason for one application for 2 orders and status of interveners Sun Indalex Finance, LLC
2011-06-06 Application for leave to appeal, THIRD APPLICATION (3 volumes) Final CA Order missing (rec'd Sept.29/11), Completed on: 2011-09-29 FTI Consulting Canada ULC, In its capacity as court-appointed monitor of Indalex Limited, on behalf of Indalex Limited
2011-06-06 Application for leave to appeal, (SECOND APPLICATION) Final CA Order missing (rec'd Sept.29/11), Completed on: 2011-09-29 George L. Miller, The Chapter 7 Trustee of the Bankruptcy Estates of the US Indalex Debtors
2011-06-06 Book of authorities Sun Indalex Finance, LLC
2011-06-06 Application for leave to appeal, FIRST APPLICATION (2 volumes) Final CA Order missing (form rec'd July25/11 - revised filed Aug.8/11) Final CA order rec'd Sept.29/11, Completed on: 2011-09-29 Sun Indalex Finance, LLC