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Case information

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17871

Peter Chiacchia, carrying on business under the name and style of P&C Excavating Custom Backhoeing, et al. v. Catherine Mary Chenier, Administratrix of the Estate of John Alphonse Lionel Chenier, deceased

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1983-11-17 Certificate of taxation issued to, issued to Gowling and Associates
1983-11-17 Fee on taxation $30, receipt #5971
1983-11-16 Decision on the bill of costs, at $525.00
1983-11-08 Bill of costs, bill of 83/11/16 Catherine Mary Chenier, Administratrix of the Estate of John Alphonse Lionel Chenier, deceased
1983-11-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, sent to Shaughnessy, Toronto, registered mail
1983-10-03 Judgment of the Court on the application for leave to appeal, CJ D E
Dismissed, with costs
1983-10-03 Hearing of the application for leave to appeal, 1983-10-03, CJ D E
1983-10-03 All materials on application for leave submitted to the Judges, 1983-10-03, CJ D E
1983-09-16 Notice of application for leave to appeal, With service Peter Chiacchia, carrying on business under the name and style of P&C Excavating Custom Backhoeing

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

Main parties - Appellants
Name Role Status
Chiacchia, carrying on business under the name and style of P&C Excavating Custom Backhoeing, Peter Applicant Active
Corporation of the City of Brantford Applicant Active
Waynco Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Chenier, Administratrix of the Estate of John Alphonse Lionel Chenier, deceased, Catherine Mary Respondent Active

Counsel

Party: Chiacchia, carrying on business under the name and style of P&C Excavating Custom Backhoeing, Peter

Counsel
James R. Caskey, Q.C.
John Smith
Siskind, Cromarty, Ivey & Dowler
680 WATERLOO ST
PO BOX 2520 STN B
LONDON, Ontario
N6A 3V8
Telephone: (519) 672-2121
FAX: (519) 672-6065
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Corporation of the City of Brantford

Counsel
David S. Crane
100 MAINT ST E
40TH FL
HAMILTON, Ontario
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Waynco Limited

Counsel
David S. Crane
100 MAINT ST E
40TH FL
HAMILTON, Ontario
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Chenier, Administratrix of the Estate of John Alphonse Lionel Chenier, deceased, Catherine Mary

Counsel
G.L. Rooke
Henry S. Brown
MacMillan Rooke Boeckle
3005 - 401 BAY ST
BOX 96
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 360-1194
FAX: (416) 360-8469

Summary

Keywords

None.

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.

None.

Lower court rulings

August 10, 1981
Supreme Court of Ontario

327/78

Negligence assessed at 75% for the plaintiff and 25% for the defendants

March 14, 1983
Court of Appeal for Ontario

691/81

Appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27