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.
24259
Ernst & Young Inc., Trustee in Bankruptcy v. Price Waterhouse Limited, 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) |
|---|---|---|
| 1997-07-23 | Appeal closed | |
| 1996-02-05 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1996-02-05 | Copy of formal judgment being prepared, Bennett, Jones, Verchère (Ottawa, ON) | |
| 1996-02-05 | Copy of formal judgment being prepared, Gowling (Ottawa, ON) | |
| 1996-02-05 | Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1996-02-05 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1996-02-02 | Correspondence (sent by the Court) to, sent to Ontario Court of Justice (GD) enclosing their record | |
| 1996-02-02 | Record returned to the Registrar of the Court of Appeal | |
| 1996-01-26 | Notice of deposit of judgment sent to all parties, Bennett, Jones, Verchère (Ottawa, ON) | |
| 1996-01-26 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-01-26 | Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1996-01-26 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON) | |
| 1996-01-22 | General proceeding, to note 10 copies of TERMS OF THE SALE OF ST.MARYS PAPER...given in Court | Pension Commission of Ontario |
| 1996-01-22 | General proceeding, to note 10 copies of MOOTNESS ISSUE given in Court | Ernst & Young Inc., Trustee in Bankruptcy |
| 1996-01-22 |
Judgment on the appeal rendered, - Appeal is mooted. Justice Major takes no part of the judgment. Dismissed with costs., LaF L'HD G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1996-01-22 | Hearing of the appeal, 1996-01-22, - Appeal is mooted. Justice Major takes no part of the judgment. Dismissed with costs., LaF L'HD G Co McL Ia Ma | |
| 1996-01-22 | General proceeding, 10 copies of following documents re: book of aut. on the issue of mootness, brief documents on the issue of Price Waterhouse Limited, brief documents on the issue of mootness (GIVEN IN COURT AT THE HEARING OF THE APPEAL), with service | Pension Commission of Ontario |
| 1996-01-19 | General proceeding, 10 copie of COMPENDIUM OF EVIDENCE..., with service | Former Employees of St. Marys Paper Inc. |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to Michael J. MacNaughton by Fax and to Michael Hebert from A. Roland re: further to letter of yesterday, to please bring to the hearing on Monday, the documents relevant to the argument with regard to mootness c.c. Osler, Hoskin & Harcourt also to | |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to Douglas S. Hunter, Q.C. by Fax and to Henry Brown, Q.C., from A. Roland re: further to letter of yesterday, to please bring to the hearing on Monday, the documents relevant to the argument with regard to mootness c.c. Osler, Hoskin & Harcourt als | |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to Robert W. Staley by Fax and to George Fisk from A. Roland re: further to letter of yesterday to please bring to the hearing on Monday, the documents relevant to the argument with regard to mootness c.c. Osler, Hoskin & Harcourt also to Gowling al | |
| 1996-01-19 | Correspondence (sent by the Court) to, sent by Fax to Lyndon Barnes and to David Wilson from A. Roland re: further to letter of yesterday, to please bring to the hearing on Monday, the documents relevant to the argument with regard to mootness c.c. Bennett, Jones, Verchère also to Gowling and | |
| 1996-01-19 | Correspondence (sent by the Court) to, of Gowlings dated Jan. 18/96 re: duration of argument | |
| 1996-01-19 | Correspondence (sent by the Court) to, of Michael J. MacNaughton to the Registrar to respond to her letter of Jan. 18/96 (by fax) | |
| 1996-01-18 | Correspondence (sent by the Court) to, sent to Michael S. Hebert and Michael J. MacNaughton by Fax c.c. David Wilson, Robert W. Staley, George E. Fisk, Henry Brown, Q.C. and R. Douglas S. Hunter, Q.C. from A. Roland saying that the Court directed her to ask counsel to address, at the hearing o | |
| 1996-01-18 | Correspondence (sent by the Court) to, sent to Lyndon A.J. Barnes and David Wilson by Fax c.c. Robert W. Staley, R. Douglas S. Hunter, Q.C., Henry Brown, Q.C., Michael J. MacNaughton and Michael S. Hebert from A. Roland saying that the Court directed her to ask counsel to address, at the heari | |
| 1996-01-18 | Correspondence (sent by the Court) to, sent to Douglas S. Hunter, Q.C. and Henry Brown, Q.C. by Fax c.c. David Wilson, Robert W. Staley, Michael J. MacNaughton and Beament, Green, Dust from A. Roland saying that the Court directed her to ask counsel to address, at the hearing on Mon. Jan 22/96 | |
| 1996-01-18 | Correspondence (sent by the Court) to, sent to Robert W. Staley and to George E. Fisk by Fax c.c. David Wilson, George E. Fisk, Henry Brown, Q.C, Michael J. MacNaughton and Michael S. Hebert from A. Roland saying that the Court directed her to ask counsel to address, at the hearing on Mon. Jan | |
| 1996-01-17 | Order on motion to extend time, to file the factum | |
| 1996-01-17 |
Decision on motion to extend time, to file the factum to Dec 8/95, Reg Granted, no order as to costs |
|
| 1996-01-17 | Hearing of motion to extend time, 1996-01-17, to file the factum to Dec 8/95, Reg | |
| 1996-01-17 | Submission of motion to extend time, 1996-01-17, to file the factum to Dec 8/95, Reg | |
| 1996-01-16 | Correspondence (sent by the Court) to, of Jane M. Jago (Osler Hoskin) re: duration of argument | |
| 1996-01-16 | Correspondence (sent by the Court) to, of George E. Fisk (Bennett Jones Verchere) re: duration of argument | |
| 1996-01-16 | Correspondence (sent by the Court) to, from Lyndon Barnes, letter dated Jan. 16/96 re: take no position with respect to the motion to extend the time to file the respondent's (St.Mary' s Paper) factum (fax copy) | |
| 1996-01-11 | Book of authorities, 10 copies, with service, Completed on: 1996-01-11 | Pension Commission of Ontario |
| 1996-01-09 | Correspondence (sent by the Court) to, from Bennett, Jones, Verchere; re: Mr. Robert W. Staley is counsel arguing the appeal and that the Pension will be given one hour for submissions | |
| 1995-12-21 | Correspondence (sent by the Court) to, from Michael J. MacNaughton; re: does not proposed to participate in the appeal or file a factum | |
| 1995-12-19 | $50.00 filing fee for notice of motion, to extend time receipt #31264 | Price Waterhouse Limited |
| 1995-12-19 | Affidavit, to file the respondent's factum to Dec. 8/95 (of Martha T. Milczynski), with service | Former Employees of St. Marys Paper Inc. |
| 1995-12-19 | Motion to extend time, to file the respondent's factum to Dec. 8/95, with service | Former Employees of St. Marys Paper Inc. |
| 1995-12-15 | Appeal hearing scheduled, 1996-01-22 | |
| 1995-12-08 | Book of authorities, 10 copies, with service | Former Employees of St. Marys Paper Inc. |
| 1995-12-08 | Respondent's factum, 24 copies (extension of time requested), with service | Former Employees of St. Marys Paper Inc. |
| 1995-11-06 | Intervener's factum, 24 copies, with service | Pension Commission of Ontario |
| 1995-11-03 | Trial court record, (1 box) | |
| 1995-09-27 | Appeal perfected for hearing, Session beginning on 1996-01-22 | |
| 1995-09-25 | Appeal court record, 1 accordion file | |
| 1995-08-02 | Book of authorities, 10 copies | Ernst & Young Inc., Trustee in Bankruptcy |
| 1995-08-02 | Appellant's factum, 24 copies, with service | Ernst & Young Inc., Trustee in Bankruptcy |
| 1995-08-01 | Notice of change of counsel, (formerly represented by Fasken, Campbell has appointed Bennett, Jones), with service | Pension Commission of Ontario |
| 1995-06-09 |
Decision on the motion for leave to intervene, Co, Order will go granting the Pension Commission of Ontario status as an intervener. Since the Pension Commission is replacing the party Price Waterhouse Limited and seeks to put forward the same position as that former party, the Commission may file a factum of up to 40 pages and to advance such oral argument as the party might have been permitted to submit within such time limits as the Cour may grant as if the Commission was a party to the appeal Granted, no order as to costs |
|
| 1995-06-09 | Hearing of motion for leave to intervene, 1995-06-09, Co | |
| 1995-06-09 | Submission of motion for leave to intervene, 1995-06-09, Co | |
| 1995-06-06 | Correspondence (sent by the Court) to, from Osler, Hoskin, John MacDonald re: not opposing to the motion to intervene by the Pension Commission of Ontario (fax copy) | |
| 1995-06-02 | Case on appeal, 24 copies of vol. I & II | Ernst & Young Inc., Trustee in Bankruptcy |
| 1995-06-02 | Proof of service, of the Case on Appeal admitted on June 1/95 | |
| 1995-05-01 | $50.00 filing fee for notice of motion, receipt #22453 | Pension Commission of Ontario |
| 1995-05-01 | Affidavit, 2 copies (same as a party); D. Ross Peebles, with service | Pension Commission of Ontario |
| 1995-05-01 | Motion for additional time to present oral argument, 2 copies (same as a party), with service | Pension Commission of Ontario |
| 1995-05-01 | Affidavit, 2 copies (not exceeding 40 pages); D. Ross Peebles, with service | Pension Commission of Ontario |
| 1995-05-01 | Motion to file a lengthy factum, 2 copies (not exceeding 40 pages), with service | Pension Commission of Ontario |
| 1995-05-01 | Affidavit, 2 copies; D. Ross Peebles, with service | Pension Commission of Ontario |
| 1995-05-01 | Motion for leave to intervene, 2 copies, with service | Pension Commission of Ontario |
| 1995-03-07 | Order granting leave to appeal | |
| 1995-03-02 | Notice of deposit of security, With service | |
| 1995-03-02 | $500 security deposit paid, direction #2336 | Ernst & Young Inc., Trustee in Bankruptcy |
| 1995-03-02 | Notice of appeal, With service | Ernst & Young Inc., Trustee in Bankruptcy |
| 1995-03-02 | Correspondence (sent by the Court) to, sent to Fasken Campbell Godfrey (Toronto, ON) enclosing copy of Rule 32 c.c. Beament, Green, Dust | |
| 1995-03-02 | Correspondence (sent by the Court) to, sent to Osler, Hoskin & Harcourt (Toronto, ON) enclosing copy of Rule 32, c.c. Osler (Ottawa) | |
| 1995-03-02 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Toronto, ON) enclosing copy of Rule 32, c.c. Gowling (Ottawa) | |
| 1995-02-03 | Notice of deposit of judgment issued to all parties, Gowling, Strahty & Henderson (Ottawa, ON) | |
| 1995-02-03 | Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1995-02-03 | Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, oN) | |
| 1995-02-02 |
Judgment of the Court on the application for leave to appeal, L'HD G McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1995-02-02 | Hearing of the application for leave to appeal, 1995-02-02, L'HD G McL | |
| 1995-02-02 | All materials on application for leave submitted to the Judges, 1995-02-02, L'HD G McL | |
| 1994-10-06 | Correspondence received from, (by fax) from Osler, Hoskin; re: responding to Mr. Staley's letter dated Oct. 3/94, sent to L'HD G McL, Oct 12/94 | Ernst & Young Inc., Trustee in Bankruptcy |
| 1994-10-03 | Correspondence received from, (by fax) from Fasken, Campbell; re: significant development that may have a bearing on the Courts' deliberations, sent to L'HD G McL, Oct 4/94 | Price Waterhouse Limited |
| 1994-09-22 | All materials on application for leave submitted to the Judges, L'HD G McL | |
| 1994-09-21 | Respondent's response on the application for leave to appeal, 5 copies, with service | Former Employees of St. Marys Paper Inc. |
| 1994-09-20 | Respondent's response on the application for leave to appeal, 5 copies, with service | Price Waterhouse Limited |
| 1994-09-06 | Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) to acknowledge receipt of material commencing a proceeding | |
| 1994-09-06 | Correspondence received from, sent to Fasken Campbell Godfrey (Toronto, ON) enclosing copy of letter dated Sept 6/94 sent to applicant | |
| 1994-09-06 | Correspondence received from, Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of letter dated Sept 6/94 sent to applicant | |
| 1994-08-31 | Book of authorities, 5 copies, with service | Ernst & Young Inc., Trustee in Bankruptcy |
| 1994-08-31 | $30.00 filing fee, receipt no. 24856 | Ernst & Young Inc., Trustee in Bankruptcy |
| 1994-08-31 | Application for leave to appeal, 5 copies, with service, Completed on: 1994-08-31 | Ernst & Young Inc., Trustee in Bankruptcy |
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 |
|---|---|---|
| Ernst & Young Inc., Trustee in Bankruptcy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Price Waterhouse Limited | Respondent | Active |
| Former Employees of St. Marys Paper Inc. | Respondent | Active |
| Communications, Energy and Paperworkers Union of Canada and Locals 47-0, 67, 69 and 133 thereof | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Pension Commission of Ontario | Intervener | Active |
Counsel
Party: Ernst & Young Inc., Trustee in Bankruptcy
Counsel
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867
Party: Price Waterhouse Limited
Counsel
Chris G. Paliare
TD BANK TOWER
PO BOX 20
TORONTO, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371
Party: Former Employees of St. Marys Paper Inc.
Counsel
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Communications, Energy and Paperworkers Union of Canada and Locals 47-0, 67, 69 and 133 thereof
Counsel
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Pension Commission of Ontario
Counsel
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4857
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Agent
1800 - 350 Albert Street
Ottawa, Ontario
K1R 1A4
Telephone: (613) 230-4935
FAX: (613) 230-3836
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
Ontario Court of Justice (General Division)
93-CQ-36459
see file
Court of Appeal for Ontario
C16655
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
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