Case information

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)
1997-09-16	Appeal closed
1995-09-25	Close file on Leave
1995-07-17	Record returned to the Registrar of the Court of Appeal, (2 boxes)
1995-03-16	Correspondence (sent by the Court) to, sent to Ontario Court (General Division) (Belleville, ON) enclosing their record
1995-01-23	Correspondence (sent by the Court) to, from Allan Lutfy to A. Roland re: nom d'un procureur de l'appelant omis dans les motifs du jugement
1995-01-20	Copy of formal judgment being prepared, Smith, Lyons, Torrance, Stevenson & Mayer (Ottawa, ON)
1995-01-20	Copy of formal judgment being prepared, Fraser & Beatty (North York, ON)
1995-01-20	Copy of formal judgment being prepared, Soloway, Wright, Victor (Ottawa, ON)
1995-01-20	Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1995-01-20	Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-01-20	Copy of formal judgment being prepared, Lavery, de Billy (Ottawa, ON)
1995-01-19	Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1994-12-15	Judgment on the appeal rendered, LaF So G Co McL Ia Ma, The appeal is allowed and the action of the respondents. Tina Lucas and Justin Gagnon, by their litigation guardian Heather Gagnon, and Heather Gagnon personally, is dismissed. Question 2 of the agreed statement of facts is answered as follows: 2(a) Does Ontario tort law or Quebec law, as set out in the Automobile Insurance Act, apply to this action? Quebec law, as set out in the Automobile Insurance Act. 2(b) Is the appellant Réjean Gagnon entitled to maintain his cross-claim for contribution and indemnity against the respondent Cyrille Lavoie? No. As agreed between these parties, there is no order as to costs against the respondents Tina Lucas and Justin Gagnon, by their litigation guardian Heather Gagnon, and Heather Gagnon personaly, in this Court and the courts below. The respondent Cyrille Lavoie is to have his costs against the appellant unless the two agree otherwise. Allowed, no order as to costs
1994-12-15	Notice of deposit of judgment sent to all parties, Smith, Lyons, Torrance, Stevenson & Mayer (Ottawa, ON)
1994-12-15	Notice of deposit of judgment sent to all parties, Fraser & Beatty (North York, ON)
1994-12-15	Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1994-12-15	Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-12-15	Notice of deposit of judgment sent to all parties, Lavery, de Billy (Ottawa, ON)
1994-10-31	Correspondence (sent by the Court) to, from Graeme Mew re: similar issues in a case decided in July 94 by the Privy Council - Red Sea Insurance Co. Ltd. v. Bouygues sent to LaF So G Co McL I Ma, Nov 2/94 - fax copy (original received Nov 2/94)
1994-03-01	General proceeding, transcripts received and distributed to the Justices (92 pages)
1994-02-21	General proceeding, to note 10 copies of "The Conflict of Laws" given in Court	Rejean Gagnon
1994-02-21	Hearing of the appeal, 1994-02-21, LaF So G Co McL Ia Ma Decision reserved
1994-02-17	Correspondence (sent by the Court) to, from Reynolds, Kline, Selick re: duration of argument
1994-02-15	Book of authorities, 10 copies of vols. 1 and 2 (joint)	Rejean Gagnon
1994-02-15	Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-02-11	Correspondence (sent by the Court) to, from Lavery, de Billy; re: Allan Lutfy will be at the hearing; similar to the position of the appellant in Tolofson v. Jensen 22980
1994-02-11	Correspondence (sent by the Court) to, from Smith, Lyons; re: Mr. Graeme Mew and Adelina Wong will be at the hearing
1994-02-08	Respondent's factum, 24 copies (extension of time granted), with service	Cyrille Lavoie
1994-02-08	Order on motion to extend time, to serve and file respondent Lavoie's factum to Feb 8/94
1994-02-08	Decision on motion to extend time, to serve and file respondent's Lavoie factum to Feb 8/94, Reg Granted, no order as to costs
1994-02-08	Hearing of motion to extend time, 1994-02-08, to serve and file respondent's Lavoie factum to Feb 8/94, Reg
1994-02-08	Submission of motion to extend time, 1994-02-08, to serve and file respondent's Lavoie factum to Feb 8/94, Reg
1994-02-08	Respondent's factum, 24 copies (extension granted Feb. 04/94), with service	Tina Lucas by her litigation guardian Heather Gagnon
1994-02-07	Proof of service, 1 copy of factum, with service
1994-02-07	Order on motion to extend time, to file respondent's factum to Feb 8/94
1994-02-04	Response to motion to extend time, to file the respondent Lavoie's factum to feb. 8/94; 2 copies	Tina Lucas by her litigation guardian Heather Gagnon
1994-02-04	Response to motion to extend time, to file the Respondent Lavoie's factum to Feb. 8/94	Rejean Gagnon
1994-02-04	Affidavit, to file the factum to feb. 8/94; 2 copies; Adelina Wong	Cyrille Lavoie
1994-02-04	Motion to extend time, to file the factum to Feb. 8/94; 2 copies, with service	Cyrille Lavoie
1994-02-04	Decision on miscellaneous motion, to file a factum without marginal numbering, Reg Granted, no order as to costs
1994-02-04	Hearing of miscellaneous motion, 1994-02-04, to file a factum without marginal numbering, Reg
1994-02-04	Submission of miscellaneous motion, 1994-02-04, to file a factum without marginal numbering, Reg
1994-02-04	Decision on motion to extend time, to serve and file respondent's factum to Feb 8/94, Reg Granted, no order as to costs
1994-02-04	Hearing of motion to extend time, 1994-02-04, to serve and file respondent's factum to Feb 8/94, Reg
1994-02-04	Submission of motion to extend time, 1994-02-04, to serve and file respondent's factum to Feb 8/94, Reg
1994-02-04	Intervener's factum, 23 copies	Clarence S. Marshall
1994-02-03	Response to motion to extend time, to serve and file the respondents Gagnon's factum to Feb. 8/94	Cyrille Lavoie
1994-02-03	Response to motion to extend time, to serve and file the Respondents Gagnon's factum to feb. 8/94	Rejean Gagnon
1994-02-03	Affidavit, to serve and file the factum to Feb. 8/94; Shane D.C. Hobson	Justin Gagnon by his litigation guardian Heather Gagnon
1994-02-03	Motion to extend time, to serve and file the factum to Feb. 8/94	Justin Gagnon by his litigation guardian Heather Gagnon
1994-02-03	Proof of service
1994-02-03	Response to miscellaneous motion, for an order accepting the Sybil Marshall's factum as filed	Tina Lucas by her litigation guardian Heather Gagnon
1994-02-03	Response to miscellaneous motion, for an order accepting the Sybil Marshall's factum as filed	Rejean Gagnon
1994-02-03	Response to miscellaneous motion, for an order accepting the Sybil Marshall's factum as filed	Cyrille Lavoie
1994-02-03	Affidavit, for an Order accepting the factum as filed (no marginal lining); Catherine A. Galligan; 2 copies	Sybil Marshall, et al
1994-02-03	Notice of miscellaneous motion, for an Order accepting the factum as filed (no marginal lining);2 copies	Sybil Marshall, et al
1994-02-03	Intervener's factum, 24 copies, with service	Société d'experts-conseils Pellemon Inc.
1994-02-03	Book of authorities, 10 copies	Clarence S. Marshall
1994-02-02	Intervener's factum, 24 copies (motion no marginal lining requested), with service	Sybil Marshall, et al
1994-02-02	Correspondence (sent by the Court) to, sent to Smith, Lyons, Torrance, Stevenson & Mayer (Toronto, ON) re: their letter of Feb 2/94 in which they claim that they do not need to file a motion for an order extending time to file their factum also explaining Rule 38(5) and Rule 38(3)b)
1994-02-02	Correspondence (sent by the Court) to, sent to Reynolds Kline Selik (Belleville, ON) re: letter received Feb 2/94, explaining Rule 38(5), authority to extend time to file factum
1994-02-02	Correspondence (sent by the Court) to, (by fax) of Timothy M. Egan (Smith, Lyons) re extension of time to Feb. 8/94 (ORIGINAL received by fax on Feb. 7/94)
1994-02-01	Correspondence (sent by the Court) to, (by fax) from Reynolds; re: factum will be filed by Feb. 8/94 (late)
1994-01-26	Order on motion for leave to intervene
1994-01-24	Appeal court record, (accordeon)
1994-01-19	Appeal court record, (1 envelope)
1994-01-18	General proceeding, from Francine St-Onge confirming that she did serve the Court of Appeal for Ontario with the notice of appeal
1994-01-18	General proceeding, from Francine St-Onge confirming she did serve the Ontario Court (General Division) with the notice of appeal
1994-01-13	Decision on the motion for leave to intervene, the interveners may file a factum before Feb 3/94, LaF Granted, no order as to costs
1994-01-13	Hearing of motion for leave to intervene, 1994-01-13, the interveners may file a factum before Feb 3/94, LaF
1994-01-13	Submission of motion for leave to intervene, 1994-01-13, the interveners may file a factum before Feb 3/94, LaF
1994-01-13	Decision on the motion for leave to intervene, the intervener may file a factum before Feb 3/94, LaF Granted, no order as to costs
1994-01-13	Hearing of motion for leave to intervene, 1994-01-13, the intervener may file a factum before Feb 3/94, LaF
1994-01-13	Submission of motion for leave to intervene, 1994-01-13, the intervener may file a factum before Feb 3/94, LaF
1994-01-13	Decision on the motion for leave to intervene, the Intervener may file a factum before Feb 3/94, LaF Granted, no order as to costs
1994-01-13	Hearing of motion for leave to intervene, 1994-01-13, the Intervener may file a factum before Feb 3/94, LaF
1994-01-13	Submission of motion for leave to intervene, 1994-01-13, the Intervener may file a factum before Feb 3/94, LaF
1994-01-07	Appeal hearing scheduled, 1994-02-21 Decision reserved
1994-01-06	Response to the motion for leave to intervene, of Sybil Marshall et al (from Smith, Lyons - will consent on the condition that this appeal not being rescheduled - HEARING DATE FEB. 21, 93 - FAX COPY) (ORIGINAL RECEIVED ON JAN. 10, 1994)	Cyrille Lavoie
1994-01-06	Affidavit, to file and serve an application for intervention (2 copies - book form, joint with the intervener La Société d'Experts-Conseils Pellemon Inc.) (E. Christine Innes)	Groupe Pellemon Inc.
1994-01-06	Motion to extend time, to file and serve an application for intervention (2 copies - book form, joint with the intervener La Société d'Experts-Conseils Pellemon Inc.)	Groupe Pellemon Inc.
1994-01-06	Affidavit, to file and serve an application for intervention (2 copies - book form, joint with the intervener Le Groupe Pellemon Inc.) (E. Christine Innes)	Société d'experts-conseils Pellemon Inc.
1994-01-06	Motion to extend time, to file and serve an application for intervention (2 copies - book form, joint with the intervener Le Groupe Pellemon Inc.)	Société d'experts-conseils Pellemon Inc.
1994-01-06	Affidavit, 2 copies - book form, joint with the intervener La Société d'Experts-Conseils Pellemon Inc.	Groupe Pellemon Inc.
1994-01-06	Motion for leave to intervene, 2 copies - book form, joint with the intervener La Société d'Experts-Conseils Pellemon Inc.	Groupe Pellemon Inc.
1994-01-06	Affidavit, of E. Christine Innes - 2 copies, book form - joint with intervener Le Groupe Pellemon Inc.	Société d'experts-conseils Pellemon Inc.
1994-01-06	Motion for leave to intervene, 2 copies (book form) - joint with intervener Le Groupe Pellemon Inc.	Société d'experts-conseils Pellemon Inc.
1994-01-05	Response to the motion for leave to intervene, of Sybil Marshall et al (Smith, Lyons - do not take any position) - fax copy (ORIGINAL RECEIVED ON JAN. 6, 1994)	Cyrille Lavoie
1993-12-23	Affidavit, (of Sheila C. MacKinnon), with service	Sybil Marshall, et al
1993-12-23	Motion for leave to intervene	Sybil Marshall, et al
1993-12-23	Affidavit, to file a motion for leave to intervene (of Sheila C. MacKinnon) (bookform), with service	Sybil Marshall, et al
1993-12-23	Motion to extend time, to file a motion for leave to intervene (bookform), with service	Sybil Marshall, et al
1993-12-09	Appellant's factum, 24 copies (service on Dec. 10, 1993), with service	Rejean Gagnon
1993-11-29	Appeal perfected for hearing, Session beginning on 1994-01-24
1993-11-19	Order on motion to extend time, to file his factum to Dec 10/93
1993-11-19	Decision on motion to extend time, to serve & file the appellant's factum to Dec 10, 1993, with service, Reg Granted, no order as to costs
1993-11-19	Hearing of motion to extend time, 1993-11-19, to serve & file the appellant's factum to Dec 10, 1993, with service, Reg
1993-11-19	Submission of motion to extend time, 1993-11-19, to serve & file the appellant's factum to Dec 10, 1993, with service, Reg
1993-11-17	Response to motion to extend time, to file the appellant's factum to Dec. 10/93	Cyrille Lavoie
1993-11-17	Response to motion to extend time, to file the appellant's factum to Dec. 10/93	Tina Lucas by her litigation guardian Heather Gagnon
1993-11-17	Affidavit, to file the factum to Dec. 10/93; Allan Lutfy, Q.C., with service	Rejean Gagnon
1993-11-17	Motion to extend time, to file the factum to Dec. 10/93, with service	Rejean Gagnon
1993-11-10	Correspondence (sent by the Court) to, (by fax) from Smith, Lyons; re: will not be taking any position with the intervention by Clarence S. Marshall (original filed Nov. 15/93)
1993-11-01	Correspondence (sent by the Court) to, fr. Miller, Thomson re: will also be filing an intervention on behalf of their client who is presently in the Ontario Court of Appeal,
1993-10-21	Affidavit, Brian J.E. Brock; 2 copies, with service	Clarence S. Marshall
1993-10-21	Motion for leave to intervene, 2 copies, with service	Clarence S. Marshall
1993-09-21	Certified casebook, 1 copy	Rejean Gagnon
1993-09-21	Proof of service, of Case on Appeal
1993-09-21	Agreement as to contents of case	Rejean Gagnon
1993-09-17	Case on appeal, 23 copies	Rejean Gagnon
1993-09-13	Correspondence (sent by the Court) to, from Robert J. Reynolds, counsel for the respondent re: will be out of the province from Feb. 2 to 7 inclusive (for scheduling the hearing of the appeal)
1993-07-05	Proof of service, of Notice of Deposit
1993-07-05	Proof of service, of Notice of Appeal
1993-06-23	$500 security deposit paid, direction #2275	Rejean Gagnon
1993-06-23	Notice of appeal, (1 copy), with service	Rejean Gagnon
1993-06-04	Order on motion to extend time, to serve and file their response to Mar/12/1993., with service
1993-05-27	Judgment of the Court on the application for leave to appeal, L'HD So G, The application for leave to appeal is granted. Granted, no order as to costs
1993-05-27	Hearing of the application for leave to appeal, 1993-05-27, L'HD So G
1993-05-27	All materials on application for leave submitted to the Judges, 1993-05-27, L'HD So G
1993-05-27	Notice of deposit of judgment issued to all parties, Lavery, de Billy (Ottawa, ON)
1993-05-27	Notice of deposit of judgment issued to all parties, Reynolds, Kline, Selick (Belleville, ON)
1993-05-27	Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1993-05-27	Notice of deposit of judgment issued to all parties, Smith, Lyons, Torrance, Stevenson & Mayer (Toronto, ON)
1993-04-16	Decision on motion to extend time, to serve and file the respondent's response to the application for leave to appeal to March 12, 1993 nunc pro tunc., Reg Granted, no order as to costs
1993-04-16	Hearing of motion to extend time, 1993-04-16, to serve and file the respondent's response to the application for leave to appeal to March 12, 1993 nunc pro tunc., Reg
1993-04-16	Submission of motion to extend time, 1993-04-16, to serve and file the respondent's response to the application for leave to appeal to March 12, 1993 nunc pro tunc., Reg
1993-04-15	Proof of service, of reply
1993-04-08	Response to motion to extend time, to March 12, 1993 to file the respondent's response	Cyrille Lavoie
1993-04-08	Response to motion to extend time, to March 12, 1993 to file the respondent's respons e	Rejean Gagnon
1993-04-08	Affidavit, to file the respondent's response (of Robert J. Reynolds), with service	Tina Lucas by her litigation guardian Heather Gagnon
1993-04-08	Motion to extend time, to March 12, 1993 to file the respondent's response, with service	Tina Lucas by her litigation guardian Heather Gagnon
1993-03-22	All materials on application for leave submitted to the Judges, L'HD So G
1993-03-17	Applicant's reply to respondent's argument, 5 copies	Rejean Gagnon
1993-03-17	Notice of change of solicitor, from Williams, McEnery & Davis to Lavery, de Billy, with service	Rejean Gagnon
1993-03-17	Proof of service, of leave application
1993-03-12	Respondent's response on the application for leave to appeal, 5 copies(extension of time requested), with service	Tina Lucas by her litigation guardian Heather Gagnon
1993-03-10	Correspondence received from, from Adelina Wong indicating that her firm will represent the respondent C. Lavoie (THIS LETTER HAS TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL - Fax copy) (ORIGINAL RECEIVED ON MARCH 16, 1993)
1993-03-05	Respondent's response on the application for leave to appeal, 5 copies, with service	Cyrille Lavoie
1993-02-15	$30.00 filing fee, receipt no. 26569	Rejean Gagnon
1993-02-15	Application for leave to appeal, 5 copies (no proof of service) (as respondent's factum filed on March 5, 1993), Completed on: 1993-03-05	Rejean Gagnon

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Gagnon, Rejean	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Lucas by her litigation guardian Heather Gagnon, Tina	Respondent	Active
Gagnon by his litigation guardian Heather Gagnon, Justin	Respondent	Active
Gagnon, Heather	Respondent	Active
Lavoie, Cyrille	Respondent	Active

Other parties

Other parties

Name	Role	Status
Marshall, Clarence S.	Intervener	Active
Marshall, et al, Sybil	Intervener	Active
Société d'experts-conseils Pellemon Inc.	Intervener	Active
Groupe Pellemon Inc.	Intervener	Pending

Counsel

Summary

Filed documents

Webcasts

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