Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40387
Lisheng Cheng v. Peter Grigoras
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 C69238, 2022 ONCA 557, dated July 27, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-22, (Printed version due on 2022-11-28) | Lisheng Cheng |
| 2022-11-15 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-11-15) | Peter Grigoras |
| 2022-11-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-22, (Printed version filed on 2022-11-15) | Peter Grigoras |
| 2022-10-18 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-10-18 | |
| 2022-09-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-07) | Lisheng Cheng |
| 2022-09-29 | Application for leave to appeal, (Book Form), Amended Form 23A - Questions 1-5 - Rec'd 2022-10-18, Completed on: 2022-10-25, (Printed version due on 2022-10-07) | Lisheng Cheng |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Cheng, Lisheng | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Grigoras, Peter | Respondent | Active |
Counsel
Party: Cheng, Lisheng
Counsel
510 - 675 Cochrane Dr., East Tower
Markham, Ontario
L3R 0B8
Telephone: (905) 477-3110
FAX: (905) 477-3210
Email: paul@starkmanbarristers.com
Party: Grigoras, Peter
Counsel
200-15 Prince Arthur Avenue
Toronto, Ontario
M5R 1B6
Telephone: (416) 400-4158
FAX: (416) 964-1662
Email: Jeffkaufmanlaw@gmail.com
Summary
Keywords
Contracts — Interpretation — Guarantee — Whether Court of Appeal failed to properly consider purpose of guarantee and intent of the parties — Whether Court of Appeal erred in finding respondent had personal ownership of collateral — Whether Court of Appeal erred in not addressing enforceability under Personal Property Securities Act — Whether Court of Appeal erred in not applying contra proferentem — Whether Court of Appeal’s decision is unjust, unreasonable, and unconscionable — Personal Property Securities Act, R.S.O. 1990, c. P.10.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Cheng entered into a guarantee agreement with Mr. Grigoras. When Mr. Grigoras’s obligations came due, payment was delayed. Mr. Cheng served a statement of claim and brought a motion for summary judgment. The trial judge dismissed the motion and held the guarantee was limited to collateral set out in an appendix to the guarantee agreement. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 1144, CV-19-629381
Summary judgment declaring guarantee limited to collateral set out in appendix
Court of Appeal for Ontario
2022 ONCA 557, C69238
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available