Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
22792
Edda Emilie Zeitel, et al. v. Susan Diane Ellscheid, et al.
(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) |
|---|---|---|
| 1995-08-17 | Appeal closed | |
| 1994-07-11 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their records | |
| 1994-05-26 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON) | |
| 1994-05-26 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-05-19 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario | |
| 1994-05-06 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-05-06 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON) | |
| 1994-05-05 |
Judgment on the appeal rendered, LaF So McL Ia Ma, The appeal is dismissed with costs, Sopinka and Iacobucci JJ. dissenting. Dismissed, with costs |
|
| 1994-02-15 | General proceeding, transcripts received and distributed to the judges (83 pages) | |
| 1994-01-31 |
Hearing of the appeal, 1994-01-31, LaF So McL Ia Ma Decision reserved |
|
| 1994-01-28 |
Decision on motion to extend time, to serve and file the respondent's factum to Jan. 28/94, nunc pro tunc, Reg Granted, no order as to costs |
|
| 1994-01-28 | Hearing of motion to extend time, 1994-01-28, to serve and file the respondent's factum to Jan. 28/94, nunc pro tunc, Reg | |
| 1994-01-28 | Submission of motion to extend time, 1994-01-28, to serve and file the respondent's factum to Jan. 28/94, nunc pro tunc, Reg | |
| 1994-01-28 | Book of authorities, 10 copies (BRIEF) | Edda Emilie Zeitel |
| 1994-01-27 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-01-27 | Response to motion to extend time, to serve and file the respondents' factum to Jan. 27/94 | Edda Emilie Zeitel |
| 1994-01-27 | Affidavit, to serve and file the factum to Jan. 27/94; Michael Anne MacDonald, with service | Susan Diane Ellscheid |
| 1994-01-27 | Motion to extend time, to serve and file the factum to Jan. 27/94, with service | Susan Diane Ellscheid |
| 1994-01-27 | Respondent's factum, 24 copies, with service | Susan Diane Ellscheid |
| 1994-01-14 | Notice of hearing, With service | Edda Emilie Zeitel |
| 1994-01-07 |
Appeal hearing scheduled, 1994-01-31 Decision reserved |
|
| 1993-11-03 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-09-16 | Order on motion to extend time, to serve and file her factum to Sept 8/93 nunc pro tunc | |
| 1993-09-15 |
Decision on motion to extend time, to serve & file their factum to Sept 8/93, nunc pro tunc, Reg Granted, no order as to costs |
|
| 1993-09-15 | Hearing of motion to extend time, 1993-09-15, to serve & file their factum to Sept 8/93, nunc pro tunc, Reg | |
| 1993-09-15 | Submission of motion to extend time, 1993-09-15, to serve & file their factum to Sept 8/93, nunc pro tunc, Reg | |
| 1993-09-14 | Correspondence (sent by the Court) to, from J.J.Mark Edwards: re: not opposing the appellant's motion to file the appellant's factum (fax copy) | |
| 1993-09-09 | Affidavit, to serve and file the factum to Sept. 8/93; Peter J. Harte, with service | Edda Emilie Zeitel |
| 1993-09-09 | Motion to extend time, to serve and file the factum to Sept. 8/93, with service | Edda Emilie Zeitel |
| 1993-09-08 | Appellant's factum, 24 copies (extension of time requested), with service | Edda Emilie Zeitel |
| 1993-08-13 | Order on motion to extend time, to serve & file the case on appeal to April 19/93 | |
| 1993-08-13 |
Decision on motion to extend time, to serve & file the case on appeal to April 19/93 nunc pro tunc, DeRg Granted, no order as to costs |
|
| 1993-08-13 | Hearing of motion to extend time, 1993-08-13, to serve & file the case on appeal to April 19/93 nunc pro tunc, DeRg | |
| 1993-08-13 | Submission of motion to extend time, 1993-08-13, to serve & file the case on appeal to April 19/93 nunc pro tunc, DeRg | |
| 1993-08-12 | Response to motion to extend time, to file the Case on Appeal | Susan Diane Ellscheid |
| 1993-08-12 | Affidavit, to file the Case on Appeal to April 19, 1993 (of Peter J. Harte) | Edda Emilie Zeitel |
| 1993-08-12 | Motion to extend time, to file the Case on Appeal to April 19, 1993 | Edda Emilie Zeitel |
| 1993-07-26 | Certified casebook, (service admitted on April 19, 1993), with service | Edda Emilie Zeitel |
| 1993-07-12 | Close file on Leave | |
| 1993-05-06 | Appeal court record, (accordeon) | |
| 1993-04-27 | Correspondence (sent by the Court) to, sent to Michael A. MacDonald (Bracebridge, ON) enclosing Rule 32 | |
| 1993-04-19 | Case on appeal, 23 copies (extension of time requested) | Edda Emilie Zeitel |
| 1993-03-16 | Order granting leave to appeal, With service | |
| 1992-09-10 | Notice of deposit of security, direction #2236, with service | |
| 1992-09-01 | Notice of appeal, With service | Edda Emilie Zeitel |
| 1992-09-01 | $500 security deposit paid, direction 2236 | Edda Emilie Zeitel |
| 1992-06-24 | Notice of change of solicitor, from Lee Roche & Kelly to Michael A. MacDonald, with service | Susan Diane Ellscheid |
| 1992-06-04 | Notice of deposit of judgment issued to all parties, Hacker, Gignac, Rice (Midland,ON) | |
| 1992-06-04 | Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa,ON) | |
| 1992-06-04 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1992-06-04 | Hearing of the application for leave to appeal, 1992-06-04, CJ McL Ia | |
| 1992-06-04 | All materials on application for leave submitted to the Judges, 1992-06-04, CJ McL Ia | |
| 1992-04-13 | General proceeding, to note Respondent's response which was submitted on March 9, 1992 distributed to the Justices. | |
| 1992-04-10 | Respondent's response on the application for leave to appeal, 5 copies, with service | Susan Diane Ellscheid |
| 1992-04-10 | Order on motion to extend time, to serve and file the respondents response. | |
| 1992-04-07 |
Decision on motion to extend time, to serve and file the respondents response to Apr/10/1992, Reg Granted, no order as to costs |
|
| 1992-04-07 | Hearing of motion to extend time, 1992-04-07, to serve and file the respondents response to Apr/10/1992, Reg | |
| 1992-04-07 | Submission of motion to extend time, 1992-04-07, to serve and file the respondents response to Apr/10/1992, Reg | |
| 1992-04-06 | Response to motion to extend time, to serve and file the respondent's response to April 10/92 | Edda Emilie Zeitel |
| 1992-04-06 | Affidavit, to serve and file the response to April 10/92; Michael MacDonald, with service | Susan Diane Ellscheid |
| 1992-04-06 | Motion to extend time, to serve and file the response to April 10/92, with service | Susan Diane Ellscheid |
| 1992-03-09 | General proceeding, (To Note) Court of Appeal Order dated Tuesday, October 29, 1991 sent up to Justices CJ, McL, I. | |
| 1992-03-09 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-02-05 | Application for leave to appeal, as Orders of trial and appeal court filed, Completed on: 1992-02-05 | |
| 1992-02-05 | General proceeding, Orders of trial and appeal court | Edda Emilie Zeitel |
| 1992-01-02 | Correspondence received from, Hacker, Gignac, Rice (Midland,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as orders of trial & appeal courts missing. Application for leave will not be referred until m | |
| 1991-12-30 | $30.00 filing fee, receipt #23737 | Edda Emilie Zeitel |
| 1991-12-30 | Application for leave to appeal, 5 copies (missing Orders of trial and appeal courts), with service, Incomplete | Edda Emilie Zeitel |
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 |
|---|---|---|
| Zeitel, Edda Emilie | Applicant | Active |
| Zeitel, Agon Karl | Applicant | Active |
| Henning, Claude Manfred | Applicant | Active |
| Henning, Nicole Therese | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ellscheid, Susan Diane | Respondent | Active |
| Simmons, Donald Anthony | Respondent | Active |
| 794798 Ontario Ltd. | Respondent | Active |
Counsel
Party: Zeitel, Edda Emilie
Counsel
518 YONGE ST
MIDLAND, Ontario
L4R 2C5
Telephone: (705) 526-2231
FAX: (705) 526-0313
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Zeitel, Agon Karl
Counsel
518 YONGE ST
MIDLAND, Ontario
L4R 2C5
Telephone: (705) 526-2231
FAX: (705) 526-0313
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Henning, Claude Manfred
Counsel
518 YONGE ST
MIDLAND, Ontario
L4R 2C5
Telephone: (705) 526-2231
FAX: (705) 526-0313
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Henning, Nicole Therese
Counsel
518 YONGE ST
MIDLAND, Ontario
L4R 2C5
Telephone: (705) 526-2231
FAX: (705) 526-0313
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Ellscheid, Susan Diane
Counsel
BOX 509
BRACEBRIDGE, Ontario
P1L 1S6
Telephone: (705) 645-4746
FAX: (705) 645-4746
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Simmons, Donald Anthony
Counsel
BOX 509
BRACEBRIDGE, Ontario
P1L 1S6
Telephone: (705) 645-4746
FAX: (705) 645-4746
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: 794798 Ontario Ltd.
Counsel
BOX 509
BRACEBRIDGE, Ontario
P1L 1S6
Telephone: (705) 645-4746
FAX: (705) 645-4746
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
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
Supreme Court of Ontario
558/89
action allowed
Court of Appeal for Ontario
93/90
Appeal allowed; trial order set aside
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
Related links
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
Related links
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