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Case information

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21499

Commercial Union Assurance Company of Canada v. William Libby, et al.

(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)
1990-03-19 Copy of formal judgment on leave being prepared, Soloway, Wright, Houston (Ottawa,ON:)
1990-03-19 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-03-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Toronto,ON)
1989-12-13 Close file on Leave
1989-10-05 Judgment of the Court on the application for leave to appeal, W LaF Co, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1989-10-05 Hearing of the application for leave to appeal, 1989-10-05, W LaF Co
1989-10-05 All materials on application for leave submitted to the Judges, 1989-10-05, W LaF Co
1989-09-05 All materials on application for leave submitted to the Judges, W LaF Co
1989-07-21 Application for leave to cross-appeal, 5 copies William Libby
1989-06-19 Decision on motion to extend time, to file a resp. memo. to July 21/89., G
Granted, no order as to costs
1989-06-19 Hearing of motion to extend time, 1989-06-19, to file a resp. memo. to July 21/89., G
1989-06-19 Submission of motion to extend time, 1989-06-19, to file a resp. memo. to July 21/89., G
1989-06-16 Response to motion to extend time, to file a resp. memo. Commercial Union Assurance Company of Canada
1989-06-16 Affidavit, to file a resp. memo., with service William Libby
1989-06-16 Motion to extend time, to file a resp. memo., with service William Libby
1989-06-09 General proceeding, to note motion for leave to appeal should be heard together with # 21500, Franca Pagliarella v. Di Biase Brothers Inc.
1989-06-06 $30.00 filing fee, , receipt # 14722 Commercial Union Assurance Company of Canada
1989-06-06 Application for leave to appeal, , 5 copies, Completed on: 1989-06-06 Commercial Union Assurance Company of Canada

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
Commercial Union Assurance Company of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Libby, William Respondent Active
Libby, Carol Respondent Active

Counsel

Party: Commercial Union Assurance Company of Canada

Counsel
Douglas W. Goudie, Q.C
Thomson, Rogers
3100 - 390 BAY ST
TORONTO, Ontario
M5H 1W2
Telephone: (416) 868-3100
FAX: (416) 868-3134
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Libby, Carol

Counsel
Earl A. Cherniak, Q.C.
Lerner & Associates
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 672-4510
FAX: (519) 672-2044
Agent
Robert E. Houston, Q.C.
Soloway, Wright
99 Metcalfe Street
Ottawa, Ontario
K1P 6L7
Telephone: (613) 236-0111

Party: Libby, William

Counsel
Earl A. Cherniak, Q.C.
Lerner & Associates
80 Dufferin Avenue
P.O. Box 2335
London, Ontario
N6A 4G4
Telephone: (519) 672-4510
FAX: (519) 672-2044
Agent
Robert E. Houston, Q.C.
Soloway, Wright
99 Metcalfe Street
Ottawa, Ontario
K1P 6L7
Telephone: (613) 236-0111

Summary

Keywords

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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

September 8, 1987
Supreme Court of Ontario

1284/86

W. Libby not entitled to any recovery under underinsured motorist coverage

April 17, 1989
Court of Appeal for Ontario

645/87

Appeal allowed in part - judgment varied

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