Skip to main content

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.


24711

Philippe Adrien, et al. v. Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes 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)
1998-10-14 Payment out cheque issued, #2201-07583249 in the amount of $530.73 dated June 11/98 payable to Sack, Goldblatt, Mitchell
1998-10-14 General proceeding, 'Satisfaction Piece' Philippe Adrien
1998-06-05 Approved order for payment out, sent to Finance on June 5/98
1998-03-05 Record returned to the Registrar of the Court of Appeal, (1 env.)
1998-02-10 Copy of formal judgment being prepared, all parties
1998-02-09 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1998-02-03 Appeal closed
1998-01-23 Notice of deposit of judgment sent to all parties, all parties
1998-01-22 Judgment on the appeal rendered, G Co McL Ia Ma, The appeal is allowed and paragraph 1 of the order of the Court of Appeal is set aside. An order is substituted declaring that former employees of Rizzo & Rizzo Shoes Limited are entitled to make claims for termination pay (including vacation pay due thereon) and severance pay as unsecured creditors. The costs in this Court are to be paid to the appellants by the Ministry of Labour on a party-and-party basis. The orders of the courts below with respect to costs stand.
Allowed, with costs
1997-10-30 Record returned to the Registrar of the Court of Appeal, (1 box)
1997-10-30 General proceeding, transcripts received and distributed to the judges (61 pages)
1997-10-16 Hearing of the appeal, 1997-10-16, G Co McL Ia Ma
Decision reserved
1997-10-02 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1997-09-30 Appellant's factum, 24 copies (see order dated Aug. 26, 1997), with service, Completed on: 1997-09-30 Ministry of Labour for Ontario, Employment Standards Branch
1997-09-16 Correspondence (sent by the Court) to, (by fax) from Kathleen Martin; re: spelling mistake in the appellant's name (should read Adrien and not Adrian) (original received on Sept. 19, 1997)
1997-09-10 Appeal court record, 1 box
1997-09-05 Notice of hearing Philippe Adrien
1997-09-03 Order on motion to extend time, to file their factum
1997-09-02 Book of authorities, 10 copies, Completed on: 1997-09-02 Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1997-09-02 Decision on motion to extend time, to file their factum to Aug. 21/97, Reg
Granted, no order as to costs
1997-09-02 Hearing of motion to extend time, 1997-09-02, to file their factum to Aug. 21/97, Reg
1997-09-02 Submission of motion to extend time, 1997-09-02, to file their factum to Aug. 21/97, Reg
1997-08-29 Response to motion to extend time, to file the respondent's factum (one week extension) (Kathleen Martin), Completed on: 1997-08-29 Philippe Adrien
1997-08-29 Affidavit, to file the respondent's factum to Aug. 21, 1997 (Raymond Slattery), with service Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1997-08-29 $50.00 filing fee for notice of motion, receipt no. 34646 Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1997-08-29 Motion to extend time, to file the respondent's factum to Aug. 21, 1997, with service, Completed on: 1997-08-29 Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1997-08-27 Appeal hearing scheduled, 1997-10-16
Decision reserved
1997-08-26 Correspondence (sent by the Court) to, from Minden, Gross to M. Larmour, letter dated Aug. 25, 1997 (fax copy) re: will not be filing any material in connection with the Appellant's motion for directions; supports the position of the Appellants
1997-08-26 Decision on motion for directions, re: status of the Ministry of Labour; 1. The Ministry of Labour for the Province of Ontario, Employment Standards Branch be added as a party to this appeal; 2. The Ministry may serve and file a factum on or before Sept. 30/97, Ia
Granted, no order as to costs
1997-08-26 Hearing of motion for directions, 1997-08-26, re: status of the Ministry of Labour; 1. The Ministry of Labour for the Province of Ontario, Employment Standards Branch be added as a party to this appeal; 2. The Ministry may serve and file a factum on or before Sept. 30/97, Ia
1997-08-26 Submission of motion for directions, 1997-08-26, re: status of the Ministry of Labour; 1. The Ministry of Labour for the Province of Ontario, Employment Standards Branch be added as a party to this appeal; 2. The Ministry may serve and file a factum on or before Sept. 30/97, Ia
1997-08-21 Respondent's factum, 25 copies (extension of time requesred), with service, Completed on: 1997-08-21 Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1997-08-21 General proceeding, reply to the response of the Ministry on the motion for directions (letterform by fax from Sack, Goldblatt) (original received on Aug. 25, 1997) Philippe Adrien
1997-08-19 Proof of service, of the response on motion for directions
1997-08-15 General proceeding, response to the motion for directions; the Ministry does not wish to be a party to the appeal Ministry of Labour for Ontario, Employment Standards Branch
1997-08-11 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-08-11 Affidavit, 2 copies; Kathleen Martin, with service Philippe Adrien
1997-08-11 $50.00 filing fee for notice of motion, receipt #34571 Philippe Adrien
1997-08-11 Motion for directions, clarifying the status of the Ministry of Labour; 2 copies, with service, Completed on: 1997-08-11 Philippe Adrien
1997-07-14 Appeal court record, (1 envelope)
1997-07-02 Correspondence (sent by the Court) to, (by fax) from Dave Vickers; re: acknowledge receipt of the letter from S. Barrett; obtain instructions regarding our position as soon as possible
1997-07-02 General proceeding, 10 copies of Statutes and Legislative Debates Philippe Adrien
1997-07-02 Book of authorities, 10 copies, Completed on: 1997-07-02 Philippe Adrien
1997-06-30 Correspondence (sent by the Court) to, (by fax) from Steven M. Barrett; re: the position of the Minister of Labour for the Province of Ontario
1997-06-16 Appellant's factum, 24 copies, with service, Completed on: 1997-06-16 Philippe Adrien
1997-06-16 Certified casebook, 1 copy, with service Philippe Adrien
1997-05-30 Order on motion to extend time, to file the Case on Appeal and the Factum
1997-05-28 Response to motion to extend time, to file the Case on Appeal and the factum (letterform), Completed on: 1997-05-28 Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1997-05-27 Correspondence (sent by the Court) to, (by fax) from Dave Vickers addressed to Kathleen Martin; re: copy of Case on Appeal
1997-05-26 Decision on motion to extend time, to file the case on appeal to May 16/97 and the appellants' factum to June 16/97, Reg
Granted, no order as to costs
1997-05-26 Hearing of motion to extend time, 1997-05-26, to file the case on appeal to May 16/97 and the appellants' factum to June 16/97, Reg
1997-05-26 Submission of motion to extend time, 1997-05-26, to file the case on appeal to May 16/97 and the appellants' factum to June 16/97, Reg
1997-05-23 Affidavit, to file the case on appeal to May 16, 1997 and the appellant's factum to June 16, 1997 (Kathleen Martin) - 2 copies - book form, with service Philippe Adrien
1997-05-23 $50.00 filing fee for notice of motion, receipt no. 34184 Philippe Adrien
1997-05-23 Motion to extend time, to file the case on appeal to May 16, 1997 and the appellant's factum to June 16, 1997 (2 copies - book form), with service, Completed on: 1997-05-23 Philippe Adrien
1997-05-16 Case on appeal, 23 copies (extension of time requested) Ministry of Labour for Ontario, Employment Standards Branch
1997-03-04 Correspondence (sent by the Court) to, from Sack, Goldblatt to M. Larmour, letter dated March 4, 1997 re: they will file a motion to extend the time to file the case on appeal as soon as possible
1996-12-31 Order granting leave to appeal
1996-12-24 Proof of service, of Notice of Appeal (admitted on Dec. 20/96)
1996-12-19 $500 security deposit paid, receipt no. 2400 Philippe Adrien
1996-12-19 $10.00 fee for depositing security, receipt no. 33240 Philippe Adrien
1996-12-19 Correspondence (sent by the Court) to, Sent to Sack, Goldblatt, Mitchell (Toronto, ON) enclosing a copy of the Rule 32. c.c. Henry S. Brown, Q.C, Gowling, Strathy, & Henderson
1996-12-18 Notice of appeal, Completed on: 1996-12-18 Philippe Adrien
1996-12-09 Correspondence (sent by the Court) to, Sent to Minden, Gross, Grafstein & Greenstein (Toronto, ON) enclosing copy of Rule 32.
1996-12-09 Notice of deposit of judgment issued to all parties, Minden, Gross, Grafstein & Greenstein (Toronto, ON)
1996-12-05 Judgment of the Court on the application for leave to appeal, L'HD So McL, The motion to set aside the notice of discontinuance is granted. The motion to be added as parties, the motion for an extension of time and the application for leave to appeal are granted.
Granted, no order as to costs
1996-12-05 Decision on motion to add or substitute parties, L'HD So McL
Granted, no order as to costs
1996-12-05 Hearing of motion to add or substitute parties, 1996-12-05, L'HD So McL
1996-12-05 Submission of motion to add or substitute parties, 1996-12-05, L'HD So McL
1996-12-05 Hearing of motion to add or substitute parties, 1996-12-05
Decision reserved
1996-12-05 Submission of motion to add or substitute parties, 1996-12-05
Decision reserved
1996-12-05 Decision on motion to extend time, to file the misc. motion
Granted, no order as to costs
1996-12-05 Hearing of motion to extend time, 1996-12-05, to file the misc. motion
Decision reserved
1996-12-05 Submission of motion to extend time, 1996-12-05, to file the misc. motion
Decision reserved
1996-12-05 Hearing of miscellaneous motion, 1996-12-05
Decision reserved
1996-12-05 Submission of miscellaneous motion, 1996-12-05
Decision reserved
1996-12-05 Decision on the miscellaneous motion, re: order setting aside the discontinuance of the application for leave to appeal, L'HD So McL
Granted, no order as to costs
1996-12-05 Hearing of miscellaneous motion, 1996-12-05, re: order setting aside the discontinuance of the application for leave to appeal, L'HD So McL
1996-12-05 Submission of miscellaneous motion, 1996-12-05, re: order setting aside the discontinuance of the application for leave to appeal, L'HD So McL
1996-09-20 All materials on application for leave submitted to the Judges, L'HD So McL
1996-09-12 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-09-12 Philippe Adrien
1996-09-11 Correspondence received from, (by fax) from Leah Price; re: will not be making any submissions concerning this leave application (original filed Sept. 23/96) Ministry of Labour for Ontario, Employment Standards Branch
1996-09-05 Respondent's response on the application for leave to appeal, 10 copies, with service, Completed on: 1996-09-05 Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1996-06-24 Motion to add or substitute parties, (joint with misc. motion) - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID), with service, Completed on: 1996-06-24 Philippe Adrien
1996-06-24 $50.00 filing fee for a notice of motion, receipt no. 32283 Philippe Adrien
1996-06-24 Motion to extend time, to file the misc. motion (joint) - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID), with service, Completed on: 1996-06-24 Philippe Adrien
1996-06-24 Affidavit, of Emilia Berardi - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID), with service Emilia Berardi
1996-06-24 Notice of miscellaneous motion, re: an order setting aside the discontinuance of the application for leave to appeal (joint) - 5 copies (TO BE SENT TO THE SAME PANEL, AS PER B. KINCAID) - book form, with service, Completed on: 1996-06-24 Philippe Adrien
1996-06-24 Reopen file, (as motion received)
1996-06-24 Application for leave to appeal, 5 copies, Completed on: 1996-06-24 Philippe Adrien
1995-09-05 Proof of service, of the notice of discontinuance admitted on August 30/95
1995-08-30 Close file on Leave
1995-08-30 Discontinuance of the application for leave to appeal, 2 copies (service on Aug. 30/95 to Zittrer, Siblin & Associates Inc.) sent to L'HD So McL, Aug 31/95, with service Ministry of Labour for Ontario, Employment Standards Branch
1995-06-23 All materials on application for leave submitted to the Judges, L'HD So McL
1995-05-31 Proof of service, of reply
1995-05-30 Applicant's reply to respondent's argument, 5 copies, with service Ministry of Labour for Ontario, Employment Standards Branch
1995-05-24 Respondent's response on the application for leave to appeal, 5 copies, with service Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.
1995-05-11 Book of authorities, 5 copies Ministry of Labour for Ontario, Employment Standards Branch
1995-05-11 Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee
1995-05-11 Correspondence received from, sent to Minden, Gross, Grafstein & Greenstein (Toronto, ON) enclosing copy of letter dated May 11/95 sent to applicant
1995-05-08 $50.00 filing fee, receipt no. 22494 Ministry of Labour for Ontario, Employment Standards Branch
1995-05-08 Application for leave to appeal, 5 copies (SEE MOTION DATED JUNE 24/96 - application for leave to appeal has been reproduced in the motion filed by P. Adrien on June 24/96), with service, Completed on: 1995-05-08 Ministry of Labour for Ontario, Employment Standards Branch

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
Adrien, Philippe Applicant Active
Berardi, Emilia Applicant Active
Creador, Paul Applicant Active
Vasquez, Lorenzo Abel Applicant Active
Wagner, Lindy Applicant Active
Ministry of Labour for Ontario, Employment Standards Branch Applicant Active

v.

Main parties - Respondents
Name Role Status
Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd. Respondent Active

Counsel

Party: Ministry of Labour for Ontario, Employment Standards Branch

Counsel
Brian G. Morgan
David Vikers
Osler, Hoskin & Harcourt
1 FIRST CANADIAN PLACE
PO BOX 50
TORONTO, Ontario
M5X 1B8
Telephone: (416) 362-2111
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Adrien, Philippe

Counsel
Kathleen Martin
Steven M. Barrett
Sack Goldblatt Mitchell
1130 - 20 DUNDAS ST W
BOX 180
TORONTO, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
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: Berardi, Emilia

Counsel
Kathleen Martin
Sack Goldblatt Mitchell
1130 - 20 DUNDAS ST W
BOX 180
TORONTO, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
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: Creador, Paul

Counsel
Kathleen Martin
Sack Goldblatt Mitchell
1130 - 20 DUNDAS ST W
BOX 180
TORONTO, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
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: Vasquez, Lorenzo Abel

Counsel
Kathleen Martin
Sack Goldblatt Mitchell
1130 - 20 DUNDAS ST W
BOX 180
TORONTO, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
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: Wagner, Lindy

Counsel
Kathleen Martin
Sack Goldblatt Mitchell
1130 - 20 DUNDAS ST W
BOX 180
TORONTO, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
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: Zittrer, Siblin & Associates Inc., Trustee in Bankruptcy of the Estate of Rizzo & Rizzo Shoes Ltd.

Counsel
Raymond M. Slattery
Minden, Gross, Grafstein & Greenstein
Suite 600
111 Richmond Street West
Toronto, Ontario
M5H 2H5
Telephone: (416) 369-4149
FAX: (416) 864-9223
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

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

December 5, 1991
Ontario Court of Justice (General Division)

32-039394

Application allowed

March 10, 1995
Court of Appeal for Ontario

C9425

Appeal allowed (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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27