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Case information

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22311

Guardian Insurance Company of Canada v. American Home Assurance Company, 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)
1997-09-08 Close file on Leave
1991-12-12 General proceeding, receipt for costs in the amount of $627.00 from Guardian Insurance Company of Canada American Home Assurance Company
1991-09-05 Certificate of taxation issued to, Fraser & Beatty
1991-08-29 Decision on the bill of costs, at $627.00, with service
1991-08-29 Fee on taxation $30, Rec. #23138 American Home Assurance Company
1991-06-27 Copy of formal judgment on leave being prepared, Hewitt, Hewitt, Nesbitt & Reid (Ottawa,ON)
1991-06-27 Copy of formal judgment on leave being prepared, Lilly, Goldman (Toronto,ON)
1991-06-27 Copy of formal judgment on leave being prepared, Fraser & Beatty (Ottawa,ON)
1991-06-27 Copy of formal judgment on leave being prepared, Stockwood, Blair, spies & Ashby (Toronto,ON)
1991-06-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, (Toronto,ON)
1991-06-20 Notice of deposit of judgment issued to all parties, Stockwood, Blair, Spies & Ashby (Toronto,ON)
1991-06-20 Notice of deposit of judgment issued to all parties, Fraser & Beatty (Ottawa,ON)
1991-06-20 Notice of deposit of judgment issued to all parties, Lilly, Goldman (Toronto,ON)
1991-06-20 Notice of deposit of judgment issued to all parties, Hewitt, Hewitt, Nesbitt & Reid (Ottawa,ON)
1991-06-20 Judgment of the Court on the application for leave to appeal, LaF Co St, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1991-06-20 Hearing of the application for leave to appeal, 1991-06-20, LaF Co St
1991-06-20 All materials on application for leave submitted to the Judges, 1991-06-20, LaF Co St
1991-05-08 Correspondence received from, from Peter R. Hughes re filing the formal C/A order Guardian Insurance Company of Canada
1991-05-08 General proceeding, 5 copies of formal C/A order Guardian Insurance Company of Canada
1991-04-15 All materials on application for leave submitted to the Judges, LaF Co St
1991-04-11 Correspondence received from, from C. Alain sent to Mr. Peter R. Hughes C/O Hewitt, Hewitt, Nesbitt & Reid (Ottawa,ON) assuring him that we have received his letter of April 5, 1991 and the attached copy of Mr. Donald G. Cormack's letter of March 28, 1991, and the entry in the Minute
1991-04-08 Correspondence received from, from Peter R. Hughes; re: formal order of the Court of Appeal not yet available; but not to hold leave application Guardian Insurance Company of Canada
1991-04-08 Application for leave to appeal, as copy of Court Registrar's minutes filed, Completed on: 1991-04-08
1991-04-05 Affidavit, of service of applicant's authorities Guardian Insurance Company of Canada
1991-03-26 Book of authorities, 5 copies Guardian Insurance Company of Canada
1991-03-07 Respondent's response on the application for leave to appeal, 5 copies, with service Broadhurst & Ball
1991-03-06 Respondent's response on the application for leave to appeal, 5 copies, with service American Home Assurance Company
1991-02-20 Service, 1 copy of leave application book, with service
1991-02-18 Service, of application for leave to appeal
1991-02-15 Affidavit, (5 copies) of Peter Richard Hughes (Re: formal order of the Crt. of Appeal has not yet been issued & entered. Mr. Rogers is now attending to the issuance & entry of this order. Once entered, Mr. Huges will forward copies to the Court for inclusion in l Guardian Insurance Company of Canada
1991-02-15 $30.00 filing fee, receipt # 19154 Guardian Insurance Company of Canada
1991-02-15 Application for leave to appeal, (Missing Formal Appeal Crt. Judgment & Service) 5 copies, Incomplete Guardian Insurance 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
Guardian Insurance Company of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
American Home Assurance Company Respondent Active
Broadhurst & Ball Respondent Active
Allport, David Respondent Active

Other parties

Other parties
Name Role Status
Gestas Inc. Other Active

Counsel

Party: Guardian Insurance Company of Canada

Counsel
Name
Vern I. Rogers
Contact information
Bell, Temple
1401 - 7 KING ST E
TORONTO, Ontario
M5C 1A6
Telephone: (416) 365-1442
Agent
Name
Peter R. Hughes
Contact information
Hewitt, Hewitt, Nesbitt, Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: American Home Assurance Company

Counsel
Name
David I. Bristow, Q.C.
Contact information
Fraser & Beatty
1 FIRST CANADIAN PLACE
PO BOX 100
TORONTO, Ontario
M5X 1B2
Telephone: (416) 863-4511
FAX: (416) 863-4592
Agent
Name
Howard M. Wise
Contact information
Fraser Milner Casgrain LLP
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800

Party: Broadhurst & Ball

Counsel
Name
Nancy J. Spies
Contact information
Stockwood, Spies
2512 - 150 KING ST W
TORONTO, Ontario
M5H 1J9
Telephone: (416) 593-7200
FAX: (416) 593-9345

Party: Allport, David

Counsel
Name
Nancy J. Spies
Contact information
Stockwood, Spies
2512 - 150 KING ST W
TORONTO, Ontario
M5H 1J9
Telephone: (416) 593-7200
FAX: (416) 593-9345

Party: Gestas Inc.

Counsel
Name
Ross V. Smiley
Contact information
Lilly, Goldman, Blott, Fejer
2200 - 181 UNIVERSITY AVE
TORONTO, Ontario
M5H 3M7
Telephone: (416) 365-6300

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

February 10, 1984
Supreme Court of Ontario

2299/85

See file

December 18, 1990
Court of Appeal for Ontario

158/88

See file

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

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

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

Webcasts

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Date modified: 2025-02-27