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23090

South Nation River Conservation Authority, et al. v. Auto Concrete Curb Ltd

(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)
1995-01-13 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1995-01-13 Appeal closed
1995-01-13 Copy of formal judgment on leave being prepared, Rasmussen, Starr, Ruddy (Ottawa, ON)
1995-01-13 Copy of formal judgment on leave being prepared, Scott & Aylen (Ottawa, ON)
1994-12-12 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1994-12-12 Notice of deposit of judgment sent to all parties, Rasmussen, Starr, Ruddy (Ottawa, ON)
1994-12-12 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1994-12-08 Decision on the motion for a re-hearing of the appeal, The application for extension of time is granted and the application for a rehearing is dismissed with costs.
1994-11-29 Reply to the response to the motion for a re-hearing of the appeal, 5 copies sent to LaF So G Co McL I Ma, Nov 29/94, with service Auto Concrete Curb Ltd
1994-11-17 Response to the motion for a re-hearing of the appeal, 10 copies sent to LaF So G Co McL I Ma, Nov 17/94, with service South Nation River Conservation Authority
1994-11-07 All material on motion for a re-hearing of the appeal submitted to Justices, LaF So G Co McL I Ma
1994-11-07 Motion for a re-hearing of the appeal, 10 copies sent to LaF So G Co McL I Ma, Nov 10/94, with service Auto Concrete Curb Ltd
1994-11-07 Affidavit, for REHEARING OF THE APPEAL (of Ernie McConnery) (included in motion book), with service Auto Concrete Curb Ltd
1994-11-07 Motion to extend time, for REHEARING OF THE APPEAL (included in motion book), with service Auto Concrete Curb Ltd
1994-08-31 General proceeding, (Telephone conversation with Mr. Rasmussen, solicitor for Auto-Concrete, in which he indicated to me that he had no comment on the application for a re-hearing filed by his client and that he is no longer involved in this matter)
1994-06-09 Correspondence (sent by the Court) to, from Kevin P. Nearing to M. Larmour (letter dated June 8, 1994) re: motion for extension of time to file an application for a rehearing
1994-06-02 Correspondence (sent by the Court) to, from A. Roland to Mr. E.E. McConnery re: acknowledge receipt of his letter dated May 30/94 sent to LaF So G Co McL I Ma, Nov 10/94
1994-05-30 Correspondence (sent by the Court) to, from E. McConnery to Scott & Aylen re: enclosing copies of application (registered mail) sent to LaF So G Co McL I Ma, Nov 10/94
1994-05-30 Motion to extend time, to file an application for a rehearing, with service Auto Concrete Curb Ltd
1994-05-12 Correspondence (sent by the Court) to, from B. Kincaid to Mr. McConnery re: information for applying for a rehearing (attached letter adressed to C.J. dated April 27, 1994) sent to LaF So G Co McL I Ma, Nov 10/94
1994-04-28 Correspondence (sent by the Court) to, from E. E. McConnery to C.J. (letter dated April 27, 1994) re: miscarriage of justice sent to LaF So G Co McL I Ma, Nov 10/94
1993-09-29 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1993-09-29 Copy of formal judgment being prepared, Rasmussen, Starr, Ruddy (Ottawa, ON)
1993-09-29 Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Rasmussen, Starr, Ruddy (Ottawa, ON)
1993-09-09 Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is allowed with costs to the appellants throughout.
Allowed, costs in this Court and courts below
1993-06-30 General proceeding, transcript received and distributed to the justices (84 pages)
1993-06-14 Hearing of the appeal, 1993-06-14, LaF So G Co McL Ia Ma
Decision reserved
1993-06-14 General proceeding, 8 copies of judgment of Asamera Oil Corp. Ltd. (GIVEN IN COURT BY THE APPELLANT)
1993-06-14 General proceeding, 8 copies (EXCERPTS OF EXPERT EVIDENCE - GIVEN IN COURT BY THE APPELLANT)
1993-06-09 Proof of service, of book of authorities
1993-06-08 Book of authorities, JOINT 10 copies South Nation River Conservation Authority
1993-06-04 Respondent's factum, 24 copies, with service Auto Concrete Curb Ltd
1993-05-21 Proof of service, of the appellant's factum
1993-05-14 Appellant's factum, 23 copies South Nation River Conservation Authority
1993-05-11 Certified casebook, vol. I to V South Nation River Conservation Authority
1993-05-10 Appeal hearing scheduled, 1993-06-14
Decision reserved
1993-05-10 Order on motion to expedite the appeal, With service
1993-05-03 Decision on motion to expedite the appeal, for the April 1993 session, and is to be heard with Edgeworth Construction (22429) on June 14, 1993. The appellant shall serve and file their factum by by May 14 and the respondent shall serve and file its factum by june 4, 1993., So
Granted, no order as to costs
1993-05-03 Hearing of motion to expedite the appeal, 1993-05-03, for the April 1993 session, and is to be heard with Edgeworth Construction (22429) on June 14, 1993. The appellant shall serve and file their factum by by May 14 and the respondent shall serve and file its factum by june 4, 1993., So
1993-05-03 Submission of motion to expedite the appeal, 1993-05-03, for the April 1993 session, and is to be heard with Edgeworth Construction (22429) on June 14, 1993. The appellant shall serve and file their factum by by May 14 and the respondent shall serve and file its factum by june 4, 1993., So
1993-04-29 Response to motion to expedite the appeal, of factums Auto Concrete Curb Ltd
1993-04-29 Affidavit, of factums; Kevin P. Nearing South Nation River Conservation Authority
1993-04-29 Motion to expedite the appeal, of factums South Nation River Conservation Authority
1993-04-26 Correspondence (sent by the Court) to, sent to Rasmissen, Starr, Ruddy (Ottawa, ON) re: Rule 32 enclosed
1993-04-26 Correspondence (sent by the Court) to, sent to Scott & Aylen (Ottawa, ON) re: Rule 32 enclosed
1993-04-20 Proof of service, of Case on Appeal
1993-04-15 Case on appeal, 23 copies of vols. 1 to 5 South Nation River Conservation Authority
1993-04-07 Order on motion to extend time, to serve and file the acase on appeal to April 15, 1993., with service
1993-04-07 Decision on motion to extend time, to serve and file the case on appeal to April 15, 1993., Reg
Granted, no order as to costs
1993-04-07 Hearing of motion to extend time, 1993-04-07, to serve and file the case on appeal to April 15, 1993., Reg
1993-04-07 Submission of motion to extend time, 1993-04-07, to serve and file the case on appeal to April 15, 1993., Reg
1993-04-05 Response to motion to extend time, to file the Case on appeal to Apr. 15/93 Auto Concrete Curb Ltd
1993-04-05 Affidavit, to file the Case on Appeal to Apr. 15/93; Kevin P. Nearing, with service South Nation River Conservation Authority
1993-04-05 Motion to extend time, to file the Case on Appeal to April 15/93, with service South Nation River Conservation Authority
1993-03-19 Order granting leave to appeal, With service
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1993-01-12 Close file on Leave
1993-01-05 Notice of appeal South Nation River Conservation Authority
1993-01-05 $500 security deposit paid, direction #2249 South Nation River Conservation Authority
1992-12-24 Correspondence (sent by the Court) to, from Scott & Aylen; re: not able to proceed with the appeal by March, 1993
1992-12-10 Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa,ON)
1992-12-10 Notice of deposit of judgment issued to all parties, Rasmussen, Starr, Ruddy (Ottawa,ON)
1992-12-10 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
1992-12-10 Hearing of the application for leave to appeal, 1992-12-10, CJ McL Ia
1992-12-10 All materials on application for leave submitted to the Judges, 1992-12-10, CJ McL Ia
1992-10-19 General proceeding, To Note, formal trial and appeal Court order filed on behalf of South Nation River Conservation Authority sent up to Justices CJ McL I.
1992-10-19 All materials on application for leave submitted to the Judges, CJ McL I
1992-09-28 Application for leave to appeal, as formal orders of trial and appeal court filed, Completed on: 1992-09-28
1992-09-28 General proceeding, 1 copy of formal trial and appeal court order South Nation River Conservation Authority
1992-09-22 Applicant's reply to respondent's argument, 5 copies, with service South Nation River Conservation Authority
1992-09-14 Respondent's response on the application for leave to appeal, 6 copies, with service Auto Concrete Curb Ltd
1992-07-17 Correspondence received from, of Kevin P. Nearing advising the Court that NO FORMAL ORDER of the Trial Court has been issued. He is in process of acquiring the C/A order South Nation River Conservation Authority
1992-07-17 Book of authorities, 5 copies, with service South Nation River Conservation Authority
1992-07-02 Correspondence received from, sent to Scott & Aylen (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with the Court's requirements as formal order of trial Court and formal order of Court of Appeal missing. Application for lea
1992-07-02 Correspondence received from, sent to Scott & Aylen (Ottawa,ON) acknowledging receipt of application for leave. Regret to advise that material does not comply with Court's requirements as formal order of trial and formal order of C/A missing. Application for leave will not be referr
1992-06-22 $30.00 filing fee, receipt #25615 South Nation River Conservation Authority
1992-06-22 Application for leave to appeal, 5 copies (missing formal orders of T.C. and C.A.), with service, Incomplete South Nation River Conservation Authority
1992-01-06 Notice of deposit of security

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
South Nation River Conservation Authority Applicant Active
Kostuch Engineering Limited Applicant Active
Brisson, Ernie Applicant Active
Strader, Lawrence Applicant Active
Dunlop, Ken Applicant Active
Windsor, Jim Applicant Active
MacNab, Cecil Applicant Active
Simms, Edward Applicant Active
Groulx, Lucien Applicant Active
Patenaude, Gaston Applicant Active
Keenan, Harold Applicant Active
Gray, Lawrence Applicant Active
Sloan, David Applicant Active
Burton, W.E. Applicant Active
Bercier, Roland Applicant Active
Whittaker, John Applicant Active

v.

Main parties - Respondents
Name Role Status
Auto Concrete Curb Ltd Respondent Active

Counsel

Party: South Nation River Conservation Authority

Counsel
J. Bruce Carr-Harris
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Kostuch Engineering Limited

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Brisson, Ernie

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Strader, Lawrence

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Dunlop, Ken

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Windsor, Jim

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: MacNab, Cecil

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Simms, Edward

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Groulx, Lucien

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Patenaude, Gaston

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Keenan, Harold

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Gray, Lawrence

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Sloan, David

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Burton, W.E.

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Bercier, Roland

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Whittaker, John

Counsel
Kevin P. Nearing
Scott & Aylen
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Auto Concrete Curb Ltd

Counsel
P. Donald Rasmussen
Rasmussen Starr Ruddy
500 - 55 METCALFE ST
OTTAWA, Ontario
K1P 6L5
Telephone: (613) 232-1830
FAX: (613) 232-2499

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

August 11, 1988
Supreme Court of Ontario

17181/83

see file

April 23, 1992
Court of Appeal for Ontario

540/88

see file

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: 2025-05-13