Case information
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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.
| 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
| 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.
| Name | Role | Status |
|---|---|---|
| Auto Concrete Curb Ltd | Respondent | Active |
Counsel
Party: South Nation River Conservation Authority
Counsel
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Kostuch Engineering Limited
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Brisson, Ernie
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Strader, Lawrence
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Dunlop, Ken
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Windsor, Jim
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: MacNab, Cecil
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Simms, Edward
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Groulx, Lucien
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Patenaude, Gaston
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Keenan, Harold
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Gray, Lawrence
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Sloan, David
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Burton, W.E.
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Bercier, Roland
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Whittaker, John
Counsel
1000 - 60 QUEEN ST
OTTAWA, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Auto Concrete Curb Ltd
Counsel
500 - 55 METCALFE ST
OTTAWA, Ontario
K1P 6L5
Telephone: (613) 232-1830
FAX: (613) 232-2499
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
Supreme Court of Ontario
17181/83
see file
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.
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Related links
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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