Docket

35807

Canadian Imperial Bank of Commerce, et al. v. Howard Green, 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)
2015-12-15 Appeal closed
2015-12-07 Formal judgment sent to the registrar of the court of appeal and all parties
2015-12-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-12-04 Judgment on the appeal rendered, CJ Ro Cro Mo Ka Ga Côt, The appeals from the judgment of the Court of Appeal for Ontario, Number C55832, 2014 ONCA 90, dated February 3, 2014, heard on February 9, 2015, are dismissed with costs throughout. McLachlin C.J. and Rothstein and Côté JJ. are dissenting in part.
Dismissed, with costs
2015-02-23 Transcript received, (207 pages)
2015-02-09 Judgment reserved OR rendered with reasons to follow
2015-02-09 Respondent's condensed book, Submitted in Court (14 copies) Howard Green
2015-02-09 Appellant's condensed book, Submitted in Court (14 copies) Gerald McCaughey
2015-02-09 Appellant's condensed book, Submitted in Court (14 copies) Canadian Imperial Bank of Commerce
2015-02-09 Hearing of the appeal, 2015-02-09, CJ Ro Cro Mo Ka Ga Côt
Judgment reserved
2015-02-04 Notice of appearance, Bonnie Roberts Jones will be present at the hearing. Shareholder Association for Research and Education
2015-02-04 Correspondence received from, 2 reserved seats requested Ontario Securities Commission
2015-02-04 Notice of appearance, Anna Perschy and Amanda Heydon will be present at the hearing. Ontario Securities Commission
2015-02-03 Correspondence received from, 4 reserved seats requested Insurance Bureau of Canada
2015-02-03 Notice of appearance, Alan D'Silva, Dan Murdoch and Sinziana Hennig will be present at the hearing. Insurance Bureau of Canada
2015-02-03 Correspondence received from, 6 reserved seats requested Howard Green
2015-02-03 Appeal perfected for hearing
2015-02-03 Order by, (Joint with 35811 & 35813), Ga, FURTHER TO THE ORDER dated December 17, 2014, granting leave to intervene to the Canadian Foundation for Advancement of Investor Rights, the Ontario Securities Commission, the Shareholder Association for Research and Education and the Insurance Bureau of Canada;
IT IS HEREBY FURTHER ORDERED THAT:
1. The Insurance Bureau of Canada is granted permission to present oral argument not exceeding five (5) minutes at the hearing of these appeals.
2. The factums of the Canadian Foundation for Advancement of Investor Rights, the Ontario Securities Commission and the Shareholder Association for Research and Education will be considered without the need for oral argument.
Allowed in part
2015-02-03 Notice of appearance, Joel Rochon, Peter Jervis, Sakie Tambakos and Remissa Hirji will be present at the hearing. Howard Green
2015-02-03 Correspondence received from, Marie-France Major dated 2015-02-03. Re: Order of oral arguments Howard Green
2015-02-03 Appeal hearing scheduled, 2015-02-09, Early Start 9 a.m. (to be heard with 35811 & 35813)
Judgment reserved
2015-01-26 Intervener's book of authorities, Joint with 35811 & 35813, Completed on: 2015-01-26 Ontario Securities Commission
2015-01-26 Intervener's factum, Joint with 35811 & 35813, Completed on: 2015-01-26 Ontario Securities Commission
2015-01-26 Intervener's book of authorities, Completed on: 2015-01-26 Insurance Bureau of Canada
2015-01-26 Intervener's factum, Completed on: 2015-01-26 Insurance Bureau of Canada
2015-01-26 Intervener's book of authorities, Completed on: 2015-01-26 Shareholder Association for Research and Education
2015-01-26 Intervener's factum, Completed on: 2015-01-26 Shareholder Association for Research and Education
2015-01-26 Intervener's book of authorities, Joint with 35811 & 35813, Completed on: 2015-01-26 Canadian Foundation for Advancement of Investor Rights
2015-01-26 Intervener's factum, Joint with 35811& 35813, Completed on: 2015-01-26 Canadian Foundation for Advancement of Investor Rights
2015-01-26 Other book of authorities, Completed on: 2015-01-26 Gerald McCaughey
2015-01-26 Reply factum on appeal, Pursuant to rules 29(4) & 35(4), Completed on: 2015-01-26 Gerald McCaughey
2015-01-22 Other book of authorities, Completed on: 2015-01-22 Canadian Imperial Bank of Commerce
2015-01-22 Reply factum on appeal, Pursuant to rules 29(4) & 35(4), Completed on: 2015-01-22 Canadian Imperial Bank of Commerce
2015-01-15 Notice of appearance, Benjamin Zarnett and David Conklin will be present at the hearing. Gerald McCaughey
2015-01-12 Certificate of counsel (attesting to record) Howard Green
2015-01-12 Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2015-01-12 Howard Green
2015-01-12 Respondent's record, (Book Form), 3 volumes, Completed on: 2015-01-12 Howard Green
2015-01-12 Respondent's factum, (Book Form), Completed on: 2015-01-12 Howard Green
2015-01-12 Notice of appearance, James Tory and Sheila Block will be present at the hearing. Canadian Imperial Bank of Commerce
2015-01-06 Correspondence received from, 6 reserved seats requested Canadian Imperial Bank of Commerce
2014-12-17 Order on motion for leave to intervene, (by Gascon J.)
2014-12-17 Decision on the motion for leave to intervene, (joint with 35811 and 35813), Ga, UPON APPLICATIONS by Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeals;
AND UPON APPLICATIONS by the Canadian Foundation for Advancement of Investor Rights, Mr. St. Clair Pennyfeather, the Ontario Securities Commission, Mr. John P. Walsh and Timminco Limited for leave to intervene in the above appeals;
AND UPON APPLICATIONS by the Shareholder Association for Research and Education and the Insurance Bureau of Canada for leave to intervene in the appeal Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807);
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to serve and file the motion for leave to intervene of Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol is granted.
The motions for leave to intervene of the Canadian Foundation for Advancement of Investor Rights and the Ontario Securities Commission are granted, and the said two (2) interveners shall be entitled to each serve and file a single factum common to all three appeals not to exceed ten (10) pages in length, on or before January 26, 2015.
The motions for leave to intervene of the Shareholder Association for Research and Education and the Insurance Bureau of Canada are granted and the said two (2) interveners shall be entitled to each serve and file a single factum, not to exceed ten (10) pages in length, on or before January 26, 2015 in the appeal Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807).
The motions for leave to intervene of Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol, as well as Mr. St. Clair Pennyfeather, Mr. John P. Walsh and Timminco Limited are 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 are not 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 interventions.
The requests of the respondents in the appeal Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807) and of the appellants in the appeal Celestica Inc. et al. v. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund (35813) to serve and file facta in response to the interveners’ facta are denied.
Allowed in part
2014-12-17 Submission of motion for leave to intervene, Ga
2014-12-10 Notice of hearing sent to parties
2014-12-09 Response to the motion for leave to intervene, (Letter Form), from Marie-France Major dated December 9, 2014 re: response to motions filed by Shareholder Association, IBC, Canadian Foundation, Mr. Pennyfeather, Mr. Walsh and Timminco, Completed on: 2014-12-09, (Printed version filed on 2014-12-09) Howard Green
2014-12-08 Response to the motion for leave to intervene, (Letter Form), from James C. Tory dated December 4, 2014 re: response to motion filed by Mr. Pennyfeather, Completed on: 2014-12-08, (Printed version filed on 2014-12-08) Canadian Imperial Bank of Commerce
2014-12-04 Motion for leave to intervene, (Book Form), Joint with 35811 & 35813 - Motion for extension of time also included, Completed on: 2014-12-04, (Electronic version due on 2014-12-11) Photon Consulting LLC, Rogol Energy Consulting LLC and Michael Rogol
2014-12-01 Notice of name Timminco Limited
2014-12-01 Motion for leave to intervene, (Book Form), (joint with 35811 and 35813), Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) Timminco Limited
2014-12-01 Notice of name Insurance Bureau of Canada
2014-12-01 Motion for leave to intervene, (Book Form), Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) Insurance Bureau of Canada
2014-12-01 Motion for leave to intervene, (Book Form), 2 volumes (joint with 35811 and 35813), Completed on: 2014-12-01, (Printed version filed on 2014-12-04) John P. Walsh
2014-12-01 Motion for leave to intervene, (Book Form), (joint with 35811 and 35813), Completed on: 2014-12-01, (Electronic version due on 2014-12-08) Ontario Securities Commission
2014-12-01 Motion for leave to intervene, (Book Form), Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) Shareholder Association for Research and Education
2014-12-01 Motion for leave to intervene, (Book Form), (2 volumes) - joint with 35811 and 35813, Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) St. Clair Pennyfeather
2014-11-28 Motion for leave to intervene, (joint with 35813 and 35811), Completed on: 2014-11-28, (Electronic version filed on 2014-11-28) Canadian Foundation for Advancement of Investor Rights
2014-11-18 Correspondence received from, Joel P. Rochon re: conflict of interest (original received November 20, 2014) Anne Bell
2014-11-10 Correspondence (sent by the Court) to, All parties re: conflict of interest
2014-11-10 Certificate of counsel (attesting to record) Gerald McCaughey
2014-11-10 Appellant's book of authorities, (Book Form), Completed on: 2014-11-10 Gerald McCaughey
2014-11-10 Appellant's record, (Book Form), 5 volumes, Completed on: 2014-11-10 Gerald McCaughey
2014-11-10 Appellant's factum, (Book Form), Completed on: 2014-11-10 Gerald McCaughey
2014-11-10 Certificate of counsel (attesting to record) Canadian Imperial Bank of Commerce
2014-11-10 Appellant's book of authorities, Completed on: 2014-11-10 Canadian Imperial Bank of Commerce
2014-11-10 Appellant's record, Completed on: 2014-11-10 Canadian Imperial Bank of Commerce
2014-11-10 Appellant's factum, Completed on: 2014-11-10 Canadian Imperial Bank of Commerce
2014-10-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-10-10 Order by, CJ, IT IS HEREBY ORDERED THAT:
1. The appellants’ records, factums and books of authorities shall be served and filed on or before November 10, 2014.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before December 1, 2014.
3. The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before December 9, 2014.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 12, 2014.
5. The respondents’ records, factums and books of authorities shall be served and filed on or before January 12, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 26, 2015.
Granted
2014-09-08 Notice of appeal, Completed on: 2014-09-08, (Electronic version filed on 2014-09-09) Gerald McCaughey
2014-09-08 Notice of appeal, Completed on: 2014-09-08 Canadian Imperial Bank of Commerce
2014-08-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-08-08 Judgment on leave sent to the parties
2014-08-07 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C55832, 2014 ONCA 90, dated February 3, 2014, are granted with costs in the cause. This case is to be heard with IMAX Corporation et al. v. Marvin Neil Silver et al. (35811) and Celestica Inc. et al. v. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund et al. (35813).
Granted, with costs in the cause
2014-07-07 All materials on application for leave submitted to the Judges, LeB Ka Ga
2014-05-15 Applicant's reply to respondent's argument, Completed on: 2014-05-15 Gerald McCaughey
2014-05-15 Applicant's reply to respondent's argument, Completed on: 2014-05-15 Canadian Imperial Bank of Commerce
2014-05-05 Certificate (on limitations to public access), (Electronic version filed on 2014-05-05) Howard Green
2014-05-05 Respondent's response on the application for leave to appeal, Completed on: 2014-05-05 Howard Green
2014-04-07 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-04-07 - First Application
2014-04-04 Certificate (on limitations to public access), (Electronic version filed on 2014-04-04) Canadian Imperial Bank of Commerce
2014-04-04 Notice of name, (Electronic version filed on 2014-04-04) Canadian Imperial Bank of Commerce
2014-04-04 Application for leave to appeal, FIRST APPLICATION - C/A order received on 2014-04-07, Completed on: 2014-04-04 Canadian Imperial Bank of Commerce
2014-04-03 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-04-03 - Second application
2014-04-03 Book of authorities, SECOND APPLICATION Gerald McCaughey
2014-04-03 Certificate (on limitations to public access) Gerald McCaughey
2014-04-03 Application for leave to appeal, SECOND APPLICATION, Completed on: 2014-04-07 Gerald McCaughey