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22098

Canadian Imperial Bank of Commerce v. James Joseph Hallahan, 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)
1991-06-17 Close file on Leave
1991-06-11 Copy of formal judgment on leave being prepared, Blake, Cassels & Graydon (Toronto,ON)
1991-06-11 Copy of formal judgment on leave being prepared, Ryder, Planz, Sherwood & Mathers (Port Elgin,ON)
1991-06-11 Copy of formal judgment on leave being prepared, Harris, Barr (St. Catherines,ON)
1991-06-11 Copy of formal judgment on leave being prepared, Hobson, Wellhauser, Taylor and Oldfield (Waterloo, Ontario)
1991-06-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Toronto,ON)
1991-05-31 Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon (Toronto,ON)
1991-05-31 Notice of deposit of judgment issued to all parties, Ryder & Planz (Port Elgin,ON)
1991-05-31 Notice of deposit of judgment issued to all parties, Harris, Barr (St. Catharines,ON)
1991-05-31 Notice of deposit of judgment issued to all parties, Hobson, Wellhauser, Taylor & Oldfield (Waterloo,ON )
1991-05-30 Decision on the miscellaneous motion, for a re-hearing (The application for a re-hearing is dismissed with costs.), CJ LaF So G Co McL Ia
Dismissed, no order as to costs
1991-05-30 Hearing of miscellaneous motion, 1991-05-30, for a re-hearing (The application for a re-hearing is dismissed with costs.), CJ LaF So G Co McL Ia
1991-05-30 Submission of miscellaneous motion, 1991-05-30, for a re-hearing (The application for a re-hearing is dismissed with costs.), CJ LaF So G Co McL Ia
1991-05-30 Decision on the miscellaneous motion, for an extension of time, CJ LaF So G Co McL Ia
Granted, no order as to costs
1991-05-30 Hearing of miscellaneous motion, 1991-05-30, for an extension of time, CJ LaF So G Co McL Ia
1991-05-30 Submission of miscellaneous motion, 1991-05-30, for an extension of time, CJ LaF So G Co McL Ia
1991-05-24 General proceeding, to note Motion by C.I.B.C. requesting a rehearing of the application for leave, Motion for an extension of time, and memoranda of argument filed by the Respondents distributed to justices Lamer, La Forest, Sopinka, Gonthier, Cory, McLachlin and Iacobucci.
1991-05-23 General proceeding, 6 additional copies of memorandum of argument James Joseph Hallahan
1991-05-22 General proceeding, to note motion by C.I.B.C. requesting a rehearing of the application, Resp.'s memo of argument, C.I.B.C.'s motion for an extension of time for filing a notice of motion distributed to Justices Lamer, La Forest, Sopinka, Gonthier, Cory, McLachlin and Iacob
1991-05-21 General proceeding, 8 additional copies of memorandum of argument regarding extension of time on rehearing Lazy Meadows Dairy Farms Inc.
1991-05-21 General proceeding, 5 additional copies of memorandum of argument on reharing Lazy Meadows Dairy Farms Inc.
1991-05-21 General proceeding, 8 additional copies of memorandum of argument on rehearing Ontario Milk Marketing Board
1991-05-16 Notice of miscellaneous motion, requesting an extension of time for filing a notice of motion pursuant to rule 51; 10 copies, with service Canadian Imperial Bank of Commerce
1991-05-14 General proceeding, 4 copies of memorandum of argument on the rehearing James Joseph Hallahan
1991-05-09 General proceeding, 1 copy of memorandum of argument, with service James Joseph Hallahan
1991-05-09 General proceeding, 4 copies of respondent's memo (on re-hearing), with service Lazy Meadows Dairy Farms Inc.
1991-05-08 General proceeding, 10 copies of Memorandum of argument (on re-hearing ), with service Ontario Milk Marketing Board
1991-05-07 Notice of miscellaneous motion, 8 additional copies requesting an extension of time for filing a Notice of motion pursuant to Rule 51 Canadian Imperial Bank of Commerce
1991-05-07 Notice of miscellaneous motion, 8 additional copies questing a rehearing of the ap plication for leave to appeal Canadian Imperial Bank of Commerce
1991-04-26 Decision on the miscellaneous motion, for a Re-hearing of the application for leave to appeal. (MOTION HAS BEEN REFERRED TO THE COURT.)
Traversed, no order as to costs
1991-04-26 Hearing of miscellaneous motion, 1991-04-26, for a Re-hearing of the application for leave to appeal. (MOTION HAS BEEN REFERRED TO THE COURT.)
Adjourned
1991-04-26 Submission of miscellaneous motion, 1991-04-26, for a Re-hearing of the application for leave to appeal. (MOTION HAS BEEN REFERRED TO THE COURT.)
Adjourned
1991-04-26 Decision on the miscellaneous motion, to extend the time to apply for a re-hearing of the application for leave to appeal. (MOTION HAS BEEN REFERRED TO THE COURT)
Traversed, no order as to costs
1991-04-26 Hearing of miscellaneous motion, 1991-04-26, to extend the time to apply for a re-hearing of the application for leave to appeal. (MOTION HAS BEEN REFERRED TO THE COURT)
Adjourned
1991-04-26 Submission of miscellaneous motion, 1991-04-26, to extend the time to apply for a re-hearing of the application for leave to appeal. (MOTION HAS BEEN REFERRED TO THE COURT)
Adjourned
1991-04-23 General proceeding, 2 copies of reply on the motion to extend time for a rehearing, with service Lazy Meadows Dairy Farms Inc.
1991-04-18 General proceeding, 5 copies of response to the motion to extend time for a rehearing, with service Ontario Milk Marketing Board
1991-04-11 Notice of miscellaneous motion, 2 copies requesting a rehearing of the application for leave to appeal, with service Canadian Imperial Bank of Commerce
1991-04-11 Notice of miscellaneous motion, 2 copies requesting an extension of time for filing a Notice of motion pursuant to Rule 51, with service Canadian Imperial Bank of Commerce
1991-04-08 Correspondence received from, from Mr. H.J. Daniel, re: unable to attend on Apr. 12 to argue motion to be adjourned to Apr. 26\91 James Joseph Hallahan
1991-03-13 Correspondence received from, from A. Roland to Mr. Donald J.M Brown C/O Blake, Cassels & Graydon (Toronto,ON) assuring him that his letter of February 18, 1991 has been received. The S.C.C. has had occasion to consider the effect of Rule 51(12) of the Rules of the S.C.C., and on Febr
1991-02-19 Correspondence received from, from Donald J.M. Brown; re: to reconsider the decision of the court to dismiss the application Canadian Imperial Bank of Commerce
1991-02-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Toronto,ON)
1991-02-19 Copy of formal judgment on leave being prepared, Hobson, Jenkins, Duncan, Wellhauser & Taylor (Waterloo,ON)
1991-02-19 Copy of formal judgment on leave being prepared, Harris, Barr (St. Catherines,ON)
1991-02-19 Copy of formal judgment on leave being prepared, Ryder, Planz, Sherwood & Mathers (Pt. Elgin,ON)
1991-02-19 Copy of formal judgment on leave being prepared, Blake, Cassels & Graydon (Toronto,ON)
1991-01-31 Notice of deposit of judgment issued to all parties, Hobson, Jenkins, Duncan, Wellhauser & Taylor (Waterloo,ON)
1991-01-31 Notice of deposit of judgment issued to all parties, Harris, Barr (St. Catherines,ON)
1991-01-31 Notice of deposit of judgment issued to all parties, Ryder, Planz, Sherwood and Mathers (Port Elgin,ON)
1991-01-31 Notice of deposit of judgment issued to all parties, Blake, Cassels & Graydon (Toronto,ON)
1991-01-31 Judgment of the Court on the application for leave to appeal, G Co St, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1991-01-31 Hearing of the application for leave to appeal, 1991-01-31, G Co St
1991-01-31 All materials on application for leave submitted to the Judges, 1991-01-31, G Co St
1990-12-04 All materials on application for leave submitted to the Judges, G Co St
1990-10-29 Book of authorities, 5 copies, with service Ontario Milk Marketing Board
1990-10-29 Respondent's response on the application for leave to appeal, 5 copies, with service Ontario Milk Marketing Board
1990-10-16 Book of authorities, 5 copies Canadian Imperial Bank of Commerce
1990-10-15 Application for leave to appeal, 5 copies, with service, Completed on: 1990-10-15 Canadian Imperial Bank of Commerce
1990-10-05 Decision on motion to extend time to file and /or serve the leave application, (time is extended to Oct/15/90), McL
Granted, no order as to costs
1990-10-05 Hearing of motion to extend time to file and/ or serve the leave application, 1990-10-05, (time is extended to Oct/15/90), McL
1990-10-05 Submission of motion to extend time to file and/ or serve the leave application, 1990-10-05, (time is extended to Oct/15/90), McL
1990-10-04 Correspondence received from, G. Edward Oldfield informing that he does not cons ent to the motion but will not be attending Lazy Meadows Dairy Farms Inc.
1990-10-03 Correspondence received from, (by fax) from Kevin A. Sherwood informing that he does not consent to the motion but will not be appearing James Joseph Hallahan
1990-10-02 $30.00 filing fee, #18197 Canadian Imperial Bank of Commerce
1990-09-28 Notice of application for leave to appeal, 2 copies, with service Canadian Imperial Bank of Commerce
1990-09-28 Response to the motion to extend the time to file and / or serve the leave application, (by fax) Ontario Milk Marketing Board
1990-09-28 Affidavit, (by fax), with service Canadian Imperial Bank of Commerce
1990-09-28 Motion to extend the time to file and or serve the application for leave to appeal, (by fax), with service Canadian Imperial Bank of Commerce
1981-05-31 Notice of deposit of judgment issued to all parties, Ryder & Planz (Port Elgin,ON)

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
Canadian Imperial Bank of Commerce Applicant Active

v.

Main parties - Respondents
Name Role Status
Hallahan, James Joseph Respondent Active
Hallaran, Lorraine Mary Respondent Active
Ontario Milk Marketing Board Respondent Active
Lazy Meadows Dairy Farms Inc. Respondent Active

Counsel

Party: Canadian Imperial Bank of Commerce

Counsel
Donald J.M. Brown, Q.C.
Blake, Cassels & Graydon
COMMERCE CT W
PO BOX 25 STN COMMERCE CRT
TORONTO, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653

Party: Hallahan, James Joseph

Counsel
Lawrence D. Ryder
Ryder, Planz, Sherwood & Mathers
669 GUSTAVUS ST
PO BOX 209
PORT ELGIN, Ontario
N0H 2C0
Telephone: (519) 832-6941

Party: Hallaran, Lorraine Mary

Counsel
Kevin A. Sherwood
Ryder, Planz, Sherwood & Mathers
669 GUSTAVUS ST
PO BOX 209
PORT ELGIN, Ontario
N0H 2C0
Telephone: (519) 832-6941

Party: Ontario Milk Marketing Board

Counsel
Harry J. Daniel, Q.C.
Harris, Barr
39 QUEEN ST
PO BOX 366
ST CATHERINES, Ontario
L2R 6V7
Telephone: (416) 688-9411

Party: Lazy Meadows Dairy Farms Inc.

Counsel
G. Edward Oldfield
Hobson, Wellhauser, Taylor & Oldfield
172 KING ST S
PO BOX 1658 STN C
WATERLOO, Ontario
N2G 4X4
Telephone: (519) 576-7200

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

July 15, 1988
Supreme Court of Ontario

Not available

Application dismissed (See file)

May 29, 1990
Court of Appeal for Ontario

Not available

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

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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

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Webcasts

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Date modified: 2025-02-27