Case information
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22125
Gerald M. Brissette, et al. v. Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company
(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) |
|---|---|---|
| 1997-09-03 | Appeal closed | |
| 1997-09-03 | Close file on Leave | |
| 1993-08-12 |
Submission of application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, 1993-08-12, So Decision reserved |
|
| 1993-08-12 |
Decision on judicial taxation, So, SOPINKA J.: The respondent applies, pursuant to Rule 62, for review of the Registrar's taxation of its bill of costs of this appeal which was dismissed with costs on a party and party scale. The Registrar refused to increase the amount in respect to tariff B items 7, 13 and 19 notwithstanding that the tariff allows her a discretion to do so. Her refusal was grounded on the premise that it was not shown that this case was relatively more complex than cases to which the tariff was intended to apply. The Standard of review under Rule 62 was expressed as follows in Bhatnager v. Canada (Minister of Employment and Immigration), [1991] 3 S.C.R. 317, at p. 318. Rule 62 authorizes a review of the decision of the Registrar and not an appeal. A judge of this Court should not generally interfere with the decision of the Registrar simply on the basis of a difference of opinion as to the proper amount to be allowed. Rather, there must be an error in principle or the Registrar must be shown to be clearly wrong in the amount allowed. There is no question that from the point of view of indemnity, the tariff items are woefully inadequate. In my view, although this may be a reason for the tariff to be amended, while it remains at its present level it is the expression of legislative policy with respect to the amounts to be allowed as a general rule. The Registrar's discretion is not intended to be used to make up for the inadequacy of the tariff. Rather, the Registrar has a discretion to increase an allowance if it is shown that the circumstances of a given case are such that the tariff, which is generally applicable, is inadequate. There are no such circumstances here. The application is dismissed with costs. Dismissed, no order as to costs |
|
| 1993-08-12 |
Hearing on judicial taxation, 1993-08-12, So Decision reserved |
|
| 1993-08-03 | General proceeding, response on the application to a judge for review of the taxation | Gerald M. Brissette |
| 1993-07-27 | Correspondence (sent by the Court) to, sent to Ministry of the Attorney General, Court House (Windsor, ON) enclosing their record | |
| 1993-07-23 | Correspondence (sent by the Court) to, sent to Court of Appeal of Ontario, enclosing their record | |
| 1993-06-25 | Application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, 1 copy, with service | Gerald M. Brissette |
| 1993-06-17 |
Decision on the objection to the taxation of the bill of costs, Upon Respondent's request for reconsideration of the taxation in the above-mentioned file, I confirm my taxation of June 2, 1993, Reg Dismissed, no order as to costs |
|
| 1993-06-17 | Hearing of objection to registrar's decision on taxation, 1993-06-17, Upon Respondent's request for reconsideration of the taxation in the above-mentioned file, I confirm my taxation of June 2, 1993, Reg | |
| 1993-06-17 | Submission of objection to taxation of the bill of costs, 1993-06-17, Upon Respondent's request for reconsideration of the taxation in the above-mentioned file, I confirm my taxation of June 2, 1993, Reg | |
| 1993-06-14 | Proof of service, of objection and booklet of authorities of the taxation | |
| 1993-06-11 | Correspondence (sent by the Court) to, from gowling; re: bill of costs taxed is proper | |
| 1993-06-08 | Objection to the taxation of the bill of costs | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1993-06-02 | Decision on the bill of costs, at $3,736.00. For reasons on taxation see file. | |
| 1993-04-15 | Correspondence (sent by the Court) to, (original) from Gowling; re: submissions on the ta xation | |
| 1993-04-06 | Correspondence (sent by the Court) to, (by fax) from Randall J. Hofley; re: submissions on the taxation | |
| 1993-03-26 | Correspondence (sent by the Court) to, from Gowling; re: taxation returnable on March 26/93 at 10:00 a.m. | |
| 1992-11-10 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-11-10 | Copy of formal judgment being prepared, Radnoff, Pearl, Slover, Swedko, Dwoskin (Ottawa, ON) | |
| 1992-11-09 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Radnoff, Pearl, Slover, Swedko, Dwoskin (Ottawa, ON) | |
| 1992-10-29 |
Judgment on the appeal rendered, LaF L'HD So G Co St Ia, The appeal is dismissed with costs, Gonthier and Cory JJ. dissenting. Dismissed, with costs |
|
| 1992-03-11 | General proceeding, transcripts received and distributed to the justices (72 pages) | |
| 1992-03-02 | General proceeding, copies of judgment in Spicer v. New York Life Ins. Co. | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1992-02-27 | General proceeding, 10 copies of SUPPLEMENTARY CASE BRIEF distributed in Court | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1992-02-27 |
Hearing of the appeal, 1992-02-27, LaF L'HD So G Co St Ia Decision reserved |
|
| 1992-02-14 | Book of authorities, 10 copies, vols. 1 and 2 | Gerald M. Brissette |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the agenda for the hearing. | |
| 1992-01-28 | General proceeding, Notice of appointment of agent, with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1992-01-23 |
Appeal hearing scheduled, 1992-02-27 Decision reserved |
|
| 1991-11-19 | Discontinuance of motion to amend, contents of case | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1991-10-31 | Correspondence (sent by the Court) to, from Fellowes, McNeil; re: motion to amend the content of the case will be made on Dec. 2/91 instead of Nov. 6/91 | |
| 1991-10-30 | Correspondence (sent by the Court) to, from Gowling; re: Mr. Robert Barnes would like to present his argument via satellite from London on Dec. 2\91 | |
| 1991-10-28 | General proceeding, To Note: Mr. McNeil advised M. Larmour that he would proceed by way of motion to adduce new evidence on Dec. 2\91 | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1991-10-18 | Correspondence (sent by the Court) to, from Gowling; re: dates for next session; avoid March 10 to April 15\92; Mr. Barnes will be out of the country | |
| 1991-10-15 | Affidavit, the contents of the case; 2 copies; John Sutherland McNeil, with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1991-10-15 | Motion to amend, the contents of the case (2 copies), with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1991-10-15 | Respondent's factum, 21 copies, with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1991-10-15 | Notice of hearing | Gerald M. Brissette |
| 1991-09-20 | Appeal perfected for hearing, Session beginning on 1992-01-27 | |
| 1991-09-20 | Appellant's factum, 21 copies, with service | Gerald M. Brissette |
| 1991-09-03 | Trial court record, 1 envelop | |
| 1991-08-27 | Appeal court record, (1 appeal book; 1 appellant's factum; 1 respondent's factum) | |
| 1991-06-07 | Appeal court record, 3 copies of appeal book (in accordion file) | |
| 1991-06-06 | Certified casebook, 1 copy | Gerald M. Brissette |
| 1991-05-17 | Case on appeal, 21 copies | Gerald M. Brissette |
| 1991-02-21 | $500 security deposit paid, direction #2185 | Gerald M. Brissette |
| 1991-02-20 | Notice of appeal, With service | Gerald M. Brissette |
| 1991-02-20 | Order granting leave to appeal, With service | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, Gignac, Sutts (Windsor,ON) | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, Fellowes, McNeil (Toronto,ON) | |
| 1991-01-25 |
Judgment of the Court on the application for leave to appeal, G Co St, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-01-25 | Hearing of the application for leave to appeal, 1991-01-25, G Co St | |
| 1991-01-25 | All materials on application for leave submitted to the Judges, 1991-01-25, G Co St | |
| 1990-12-13 | Order on motion to extend time, With service | |
| 1990-12-05 | General proceeding, 5 copies of Applicant's reply, with service | Gerald M. Brissette |
| 1990-12-04 | All materials on application for leave submitted to the Judges, G Co St | |
| 1990-11-27 |
Decision on motion to extend time, to serve and file a respondent's memo to Nov/22/90, LaF Granted, no order as to costs |
|
| 1990-11-27 | Hearing of motion to extend time, 1990-11-27, to serve and file a respondent's memo to Nov/22/90, LaF | |
| 1990-11-27 | Submission of motion to extend time, 1990-11-27, to serve and file a respondent's memo to Nov/22/90, LaF | |
| 1990-11-26 | Response to motion to extend time, to file respondent's memo | Gerald M. Brissette |
| 1990-11-26 | Affidavit, to file respondent's memo, with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1990-11-26 | Motion to extend time, to file respondent's memo, with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1990-11-22 | Respondent's response on the application for leave to appeal, 5 copies, with service | Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company |
| 1990-10-18 | Book of authorities, 5 copies, with service | Gerald M. Brissette |
| 1990-10-18 | $30.00 filing fee, receipt #18283 | Gerald M. Brissette |
| 1990-10-18 | Application for leave to appeal, 5 copies, with service, Completed on: 1990-10-18 | Gerald M. Brissette |
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 |
|---|---|---|
| Brissette, Gerald M. | Applicant | Active |
| Bezaire, as Executor & Trustee of the Last Will & Testament of Mary Cecile Brissette, deceas, Bernard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company | Respondent | Active |
Counsel
Party: Brissette, Gerald M.
Counsel
Robert E. Barnes, Q.C.
Sutts, Strosberg LLP
600 - 251 GOYEAU ST
PO BOX 670
WINDSOR, Ontario
N9A 6V4
Telephone: (519) 258-9333
600 - 251 GOYEAU ST
PO BOX 670
WINDSOR, Ontario
N9A 6V4
Telephone: (519) 258-9333
Agent
Randall J. Hofley
Gowling Lafleur Henderson
2600 - 160 ELGIN ST
PO BOX 466 STN D
OTTAWA, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
2600 - 160 ELGIN ST
PO BOX 466 STN D
OTTAWA, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Party: Bezaire, as Executor & Trustee of the Last Will & Testament of Mary Cecile Brissette, deceas, Bernard
Counsel
Robert E. Barnes, Q.C.
Sutts, Strosberg LLP
600 - 251 GOYEAU ST
PO BOX 670
WINDSOR, Ontario
N9A 6V4
Telephone: (519) 258-9333
600 - 251 GOYEAU ST
PO BOX 670
WINDSOR, Ontario
N9A 6V4
Telephone: (519) 258-9333
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Westbury Life Insurance Company, formerly known as Pitts Life Insurance Company
Counsel
John S. McNeil, Q.C.
Fellowes, McNeil
218 - 111 Richmond Street West
Toronto, Ontario
M5H 2G4
Telephone: (416) 368-4511
FAX: (416) 368-4532
218 - 111 Richmond Street West
Toronto, Ontario
M5H 2G4
Telephone: (416) 368-4511
FAX: (416) 368-4532
Agent
Kenneth Radnoff
Radnoff, Pearl, Slover, Swedko, Dwoskin
100 Gloucester St
4th Floor
Ottawa, Ontario
K2P 0A4
Telephone: (613) 594-8844
FAX: (613) 594-9092
100 Gloucester St
4th Floor
Ottawa, Ontario
K2P 0A4
Telephone: (613) 594-8844
FAX: (613) 594-9092
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.
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Lower court rulings
June 15, 1989
Supreme Court of Ontario
8493/83
Supreme Court of Ontario
8493/83
Motion for summary judgment dismissed (See file)
July 11, 1990
Court of Appeal for Ontario
448/89
Court of Appeal for Ontario
448/89
Appeal allowed (See file)
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Date modified: 2025-05-13