Docket

40166

John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, 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)
2024-01-02 Transcript received, Joint with 40399
128 pages
2023-12-05 Judgment reserved OR rendered with reasons to follow
2023-12-05 Hearing of the appeal, 2023-12-05, CJ Ka Côt Row Mar Ja Ob
Judgment reserved
2023-12-04 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2023-12-01 Respondent's condensed book, (Book Form), (Printed version due on 2023-12-08) KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-12-01 Respondent's condensed book, (Book Form), (Printed version due on 2023-12-08) Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2023-12-01 Appellant's condensed book, (Book Form), (Printed version due on 2023-12-08) John Aquino
2023-11-30 Correspondence received from, Regarding the order of the Respondents’ oral arguments. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2023-11-14 Notice of appearance, Jeremy Opolsky and Alex Bogach will appear before the Court in person and Jeremy Opolsky will present oral argument.
KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-11-10 Notice of appearance, Alan Merskey and Stephen Taylor will appear before the Court in person and Mr. Merskey and Stephen Taylor will present oral argument.
Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2023-11-09 Notice of appearance, Dona Salmon and Jennifer Boyczuk will appear remotely via Zoom and Dona Salmon will be presenting oral argument. Attorney General of Ontario
2023-11-08 Notice of appearance, Terry Corsianos, George Corsianos and Jacob Lee will appear before the Court in person and Terry Corsianos and possibly George Corsianos will present oral argument.
John Aquino
2023-08-14 Reply factum on appeal, (Book Form), Completed on: 2023-08-15, (Printed version filed on 2023-08-14) John Aquino
2023-07-31 Intervener's book of authorities, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-10) Attorney General of Ontario
2023-07-31 Intervener's factum, (Book Form), Missing
Proof of service, Completed on: 2023-08-03, (Printed version filed on 2023-08-10)
Attorney General of Ontario
2023-07-31 Intervener's book of authorities, (Book Form), Missing:
Proof of Service (Rec'd 2023-08-01), Completed on: 2023-08-01, (Printed version filed on 2023-08-01)
Insolvency Institute of Canada
2023-07-31 Intervener's factum, (Book Form), Missing:
Proof of Service (Rec'd 2023-08-01), Completed on: 2023-08-01, (Printed version filed on 2023-08-01)
Insolvency Institute of Canada
2023-07-04 Respondent's factum, (Book Form), Completed on: 2023-07-07, (Printed version filed on 2023-07-05) KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-07-04 Respondent's book of authorities, (Book Form), Completed on: 2023-07-07, (Printed version filed on 2023-07-05) KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-07-04 Respondent's factum, (Book Form), Completed on: 2023-07-07, (Printed version filed on 2023-07-05) Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2023-07-04 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2023-07-07, (Printed version filed on 2023-07-05) Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2023-06-27 Notice of hearing sent to parties, via email.
2023-06-27 Appeal hearing scheduled, 2023-12-05
Judgment reserved
2023-06-19 Order on motion for leave to intervene, by Justice Rowe (sent to parties by email)
2023-06-19 Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the appeals John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166) and Lorne Scott et al. v. Doyle Salewski Inc., in its capacity as Trustee in Bankrutcy of Golden Oaks Enterprises Inc., et al. (40399);

AND UPON APPLICATION by the Insolvency Institute of Canada for leave to intervene in the appeal John Aquino, et al. v. Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited, et al. (40166);

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a single factum, not to exceed ten (10) pages in length, on or before July 31, 2023.

The said interveners are granted permission to each present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties but to confine their submissions to the implications of the Court’s determination of the issues raised by the parties.

The appellants, John Aquino, 2304288 Ontario Inc., Marco Caruso, Giuseppe Anastasio a.k.a. Joe Ana and Lucia Coccoa a.k.a. Lucia Canderle are granted permission to serve and file a single factum in reply to both interventions in 40166 not to exceed ten (10) pages in length, on or before August 14, 2023.

The respondents, Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited and KSV Restructuring Inc. in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited are granted permission to each serve and file a single factum in reply to both interventions in 40166 not to exceed ten (10) pages in length, on or before August 14, 2023.

The respondents, Doyle Salewski Inc, in its capacity as Trustee in Bankruptcy of Golden Oaks Enterprises Inc. and Joseph Gilles Jean Lacasse are granted permission to serve and file a single factum in reply to the intervention of the Attorney General of Ontario in 40399 not to exceed ten (10) pages in length, on or before August 14, 2023.

The factums in reply are to be directed to points raised in the intervener factums only.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.

Granted, no order as to costs
2023-06-19 Order on motion to extend time, by Justice Rowe (sent to parties by email)
2023-06-19 Decision on motion to extend time, Row, UPON APPLICATION by the respondent, KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited, for an order extending the time to serve and file their factum, record and book of authorities to the same filing deadline as the respondents in appeal Lorne Scott, et al. v. Doyle Salewski Inc. in its capacity as Trustee in Bankruptcy of Golden Oaks Entreprises Inc., et al. (40399);

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.

Given the filing deadline has passed, both respondents are permitted to serve and file their factums, records and books of authorities, if any, on or before July 4, 2023.

Dismissed
2023-06-19 Submission of motion for leave to intervene, Row
2023-06-19 Submission of motion to extend time, Row
2023-06-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2023-05-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-05-18 John Aquino
2023-05-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-05-18 KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-05-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-05-16 Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2023-05-03 Motion for leave to intervene, (Book Form), Completed on: 2023-05-05, (Printed version filed on 2023-05-03) Insolvency Institute of Canada
2023-05-03 Notice of name, (Letter Form), (Printed version filed on 2023-05-03) Insolvency Institute of Canada
2023-05-03 Motion for leave to intervene, (Book Form), (Joint with 40399)
MISSING: Filing Fee, Completed on: 2023-05-16, (Printed version filed on 2023-05-09)
Attorney General of Ontario
2023-04-25 Motion to extend time, (Book Form), Missing 23A (rec'd May 5, 2023), Completed on: 2023-05-15 KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-04-06 Notice of change of counsel KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2023-04-05 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2023-04-05) John Aquino
2023-04-05 Appellant's record, (Book Form), (20 volumes), Completed on: 2023-04-05, (Printed version filed on 2023-04-05) John Aquino
2023-04-05 Appellant's factum, (Book Form), Completed on: 2023-04-05, (Printed version filed on 2023-04-05) John Aquino
2023-02-15 Notice of appeal, (Letter Form), Completed on: 2023-02-17, (Printed version filed on 2023-02-15) John Aquino
2023-01-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-01-19 Judgment on leave sent to the parties
2023-01-19 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, Numbers C69263, C69264, C69278, C69305, C69306, C69318 and C69321, 2022 ONCA 202, dated March 10, 2022, is granted with costs in the cause.
Granted, with costs in the cause
2022-12-05 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-08-08 Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-08-24, (Printed version filed on 2022-08-08) John Aquino
2022-07-12 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-19) Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2022-07-12 Notice of name, (Letter Form), (Printed version due on 2022-07-19) Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2022-07-12 Respondent's response on the application for leave to appeal, (Letter Form), As noted in paragraph five of the Response of KSV Kofman Inc., the Monitor joins the Respondent KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited, in its response to the appellants' application for leave to appeal. , Completed on: 2022-07-27, (Printed version due on 2022-07-19) Ernst & Young Inc., in its capacity as Court-Appointed Monitor of Bondfield Construction Company Limited
2022-07-11 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-18) KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2022-07-11 Notice of name, (Letter Form), (Printed version due on 2022-07-18) KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2022-07-11 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-27, (Printed version due on 2022-07-18) KSV Kofman Inc., in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
2022-06-03 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-06-03
2022-04-21 Notice of name, (Letter Form), (Printed version due on 2022-04-28) John Aquino
2022-04-21 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-04-22) John Aquino
2022-04-21 Application for leave to appeal, (Book Form), Required:
-Signed copy of the Court of Appeal for Ontario Order (Rec'd 2022-06-08)
-amended style of cause pursuant to Rule 22 (rec'd 2022-07-28), Completed on: 2022-07-28, (Printed version filed on 2022-04-22)
John Aquino