Docket

35813

Celestica Inc., et al. v. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund, 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)
2016-06-16 Appeal closed
2016-06-16 Discontinuance of the bill of costs Celestica Inc.
2016-06-07 Bill of costs, Completed on: 2016-06-07 Celestica Inc.
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 appeal from the judgment of the Court of Appeal for Ontario, Number C56252, 2014 ONCA 90, dated February 3, 2014, heard on February 9, 2015, is allowed with costs throughout. Moldaver, Karakatsanis and Gascon JJ. are dissenting.
Allowed, with costs
2015-04-29 Correspondence received from, (Letter Form), cc. to all parties, (Electronic version filed on 2015-04-29) Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-04-29 Correspondence received from, (Letter Form), cc: to all parties, (Electronic version filed on 2015-04-29) Celestica Inc.
2015-04-24 Correspondence received from, (Letter Form), Mr. Baert re: new authority in New Orleans Employees Retirement System v. Celestica Inc., (Electronic version filed on 2015-04-28) Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
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) Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-02-09 Appellant's condensed book, Submitted in Court (14 copies) Celestica Inc.
2015-02-09 Hearing of the appeal, 2015-02-09, CJ Ro Cro Mo Ka Ga Côt
Judgment reserved
2015-02-05 Supplemental document, Additional Supplemental Book of Authorities, Completed on: 2015-02-05 Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-02-04 Correspondence received from, Marie-France Major dated 2015-02-04. Re: Time for oral argument Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-02-04 Supplemental document, Supplemental book of authorities, Completed on: 2015-02-04 Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-02-03 Appeal perfected for hearing
2015-02-03 Order by, (Joint with 35807 & 35811), 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 Appeal hearing scheduled, 2015-02-09, Early start 9 a.m. (to be heard with 35807 & 35811)
Judgment reserved
2015-01-26 Intervener's book of authorities, Joint with 35807 & 35811, Completed on: 2015-01-26 Ontario Securities Commission
2015-01-26 Intervener's factum, Joint with 35807 & 35811, Completed on: 2015-01-26 Ontario Securities Commission
2015-01-26 Intervener's book of authorities, Joint with 35807 & 35811, Completed on: 2015-01-26 Canadian Foundation for Advancement of Investor Rights
2015-01-26 Intervener's factum, Joint with 35807 & 35811, Completed on: 2015-01-26 Canadian Foundation for Advancement of Investor Rights
2015-01-23 Notice of appearance, Kirk Baert and Celeste Poltak will be present at the hearing. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-01-22 Correspondence received from, 3 reserved seats requested Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-01-12 Respondent's book of authorities, (3 volumes), Completed on: 2015-01-12 Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-01-12 Certificate of counsel (attesting to record) Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-01-12 Respondent's record, Completed on: 2015-01-12 Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2015-01-12 Notice of appearance, Nigel Campbell, Andrea Laing and Ryan Morris will be present at the hearing.
***6 reserved seats requested
Celestica Inc.
2015-01-12 Respondent's factum, Completed on: 2015-01-12 Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
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 35807 and 35811), 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 Certificate (if inappropriate for a judge to take part in adjudication), Conflict with Justice Côté Celestica Inc.
2014-12-10 Notice of hearing sent to parties
2014-12-08 Response to the motion for leave to intervene, (Letter Form), from Nancy Brooks dated December 8, 2014 re: response to motions filed by the Canadian Foundation, the OSC, Mr. Pennyfeather, Timminco and Mr. Walsh, Completed on: 2014-12-08, (Printed version filed on 2014-12-08) Celestica Inc.
2014-12-04 Motion for leave to intervene, (Book Form), Joint with 35807 & 35811 - 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
2014-12-04 Response to the motion for leave to intervene, (Letter Form), to all interveners (cc. to all parties), Completed on: 2014-12-04, (Electronic version filed on 2014-12-04) Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2014-12-01 Notice of name Timminco Limited
2014-12-01 Motion for leave to intervene, (Book Form), (joint with 35807 and 35811), Completed on: 2014-12-01, (Electronic version filed on 2014-12-01) Timminco Limited
2014-12-01 Motion for leave to intervene, (Book Form), 2 volumes (joint with 35807 and 35811), 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 35807 and 35811), 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), (2 volumes), 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 35807 and 35811), Completed on: 2014-11-28, (Electronic version filed on 2014-11-28) Canadian Foundation for Advancement of Investor Rights
2014-11-10 Certificate of counsel (attesting to record) Celestica Inc.
2014-11-10 Appellant's book of authorities, Completed on: 2014-11-10 Celestica Inc.
2014-11-10 Appellant's record, (2 volumes), Completed on: 2014-11-10 Celestica Inc.
2014-11-10 Appellant's factum, Completed on: 2014-11-10 Celestica Inc.
2014-10-20 Correspondence received from, Nancy Brooks re: date of hearing Celestica Inc.
2014-10-17 Correspondence received from, Kirk M. Baert re: date of hearing, original received October 21, 2014. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2014-10-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-10-10 Order by, (the original signed order can be found in case file #35807), 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 2014-09-08) Celestica Inc.
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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C56252, 2014 ONCA 90, dated February 3, 2014, is granted with costs in the cause. This case is to be heard with Canadian Imperial Bank of Commerce et al. v. Howard Green et al. (35807) and IMAX Corporation et al. v. Marvin Neil Silver et al. (35811).
Granted, with costs in the cause
2014-07-07 All materials on application for leave submitted to the Judges, LeB Ka Ga
2014-05-12 Book of authorities Celestica Inc.
2014-05-12 Applicant's reply to respondent's argument, Completed on: 2014-05-12 Celestica Inc.
2014-05-06 Certificate (on limitations to public access), (Printed version filed on 2014-05-06) Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2014-05-02 Correspondence received from, Marie-France Major dated 2014-05-05. Re: Correction to the style of cause Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2014-05-02 Book of authorities Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2014-05-02 Respondent's response on the application for leave to appeal, Completed on: 2014-05-02 Trustees of the Millwright Regional Council of Ontario Pension Trust Fund
2014-04-22 Correspondence received from, Ryan Morris dated April 17, 2014. Re: Return of the C/A order form Celestica Inc.
2014-04-07 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, File opened on 2014-04-07
2014-04-04 Book of authorities Celestica Inc.
2014-04-04 Certificate (on limitations to public access), (Electronic version filed on 2014-04-04) Celestica Inc.
2014-04-04 Notice of name, (Electronic version filed on 2014-04-04) Celestica Inc.
2014-04-04 Application for leave to appeal, Missing final C/A order - Rec'd on 2014-05-02 (3 volumes), Completed on: 2014-04-04 Celestica Inc.