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24981

Peter Haberman v. Mauricio Peixeiro, et al.

(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)
1997-05-09 Appeal closed
1997-05-01 Record returned to the Registrar of the Court of Appeal, (1 env.)
1997-04-23 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1997-04-23 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1997-04-23 Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON)
1997-03-26 General proceeding, transcript received and distributed to the justices (35 pages)
1997-03-13 Judgment on the appeal rendered, L'HD So G Co McL Ia Ma
Dismissed, with costs
1997-03-13 Hearing of the appeal, 1997-03-13, L'HD So G Co McL Ia Ma
1997-03-13 General proceeding, 9 copies of BOOK OF EXCERPTS Mauricio Peixeiro
1997-03-11 Correspondence (sent by the Court) to, from Lang, Michener (fax copy) re: name of counsel appearing at the hearing of the appeal
1997-03-11 Correspondence (sent by the Court) to, from T. Rachlin, letter dated March 10, 1997 re: enclosing page 243 of the book of authorities at tab 5 (attached)
1997-02-27 Correspondence (sent by the Court) to, from Rachlin & Wolfson to Registrar, letter dated Feb. 27, 1997 (fax copy) re: names of counsel appearing at the hearing of the appeal (original received on March 3, 1997)
1997-02-19 Reply factum on appeal, 24 copies (see order dated Feb. 10, 1996), with service, Completed on: 1997-02-19 Peter Haberman
1997-02-19 Supplemental document, 10 copies of APPELLANT'S SUPPLEMENTARY BOOK OF AUTHORITIES, with service Peter Haberman
1997-02-10 Decision on motion to extend time, (reply factum referred to in the motion to strike to be filed no later than Feb. 20/97), So
Granted, no order as to costs
1997-02-10 Hearing of motion to extend time, 1997-02-10, (reply factum referred to in the motion to strike to be filed no later than Feb. 20/97), So
1997-02-10 Submission of motion to extend time, 1997-02-10, (reply factum referred to in the motion to strike to be filed no later than Feb. 20/97), So
1997-02-10 Correspondence (sent by the Court) to, from D. Brown of Nelligan & Power, letter dated Feb. 10, 1997 (fax copy) re: did not receive Justice Sopinka's order until Feb. 10, 1997; would like to know if he can file the reply 10 days of Feb. 10)
1997-02-06 Correspondence (sent by the Court) to, from A. Malek re: will not file a reply to the respondent's response on motion to strike (fax copy)
1997-02-06 Decision on motion to strike out, So, praragraphs in the respondent's factum. The respondent can support the result in the Court of Appeal on a ground other than that upon which the judgement is based. No cross-appeal is required unless the respondent seeks to vary the disposition in the formal judgement. The appellant may file a reply factum limited to 5 pages relating to the issue raised in paragraphs 76 to 87 of the respondents factum. The reply factum to be filed within 7 days of this order. No further written reply is necessary.
Dismissed, no order as to costs
1997-02-06 Hearing of motion to strike out, 1997-02-06, So
1997-02-06 Submission of motion to strike out, 1997-02-06, So
1997-02-04 General proceeding, 5 copies of response to the motion to strike, with service Mauricio Peixeiro
1997-01-28 Affidavit, (Alan Rachlin), with service Peter Haberman
1997-01-28 $50.00 filing fee for notice of motion, receipt #33432 Peter Haberman
1997-01-28 Motion to strike out, para 14 and 76 to 87 of the respondent's factum or in the alternative, permitting the appellant to file a factum in reply, with service, Completed on: 1997-01-28 Peter Haberman
1997-01-27 Appeal hearing scheduled, 1997-03-13
1996-12-24 Book of authorities, 10 copies, with service, Completed on: 1996-12-24 Mauricio Peixeiro
1996-12-19 Respondent's factum, 24 copies, with service, Completed on: 1996-12-19 Mauricio Peixeiro
1996-12-16 Appeal perfected for hearing, Session beginning on 1997-01-20
1996-10-21 Book of authorities, 10 copies, with service, Completed on: 1996-10-21 Peter Haberman
1996-10-21 Appellant's factum, 24 copies, with service, Completed on: 1996-10-21 Peter Haberman
1996-09-17 Certified casebook, (service admitted on Sept. 13/96), with service Peter Haberman
1996-09-17 Case on appeal, 23 copies Peter Haberman
1996-07-09 Appeal court record, (1 env.)
1996-06-26 Correspondence (sent by the Court) to, sent to Faust, Azevedo & Wise (Toronto, ON) copy of Rule 32 c.c. Lang, Michener
1996-06-26 Correspondence (sent by the Court) to, sent to Rachlin & Wolfson (Toronto, ON) copy of Rule 32 c.c. Nelligan, Power
1996-06-24 Order granting leave to appeal
1996-06-21 Notice of deposit of security
1996-06-20 $500 security deposit paid, direction #2383 Peter Haberman
1996-06-20 Notice of appeal, With service, Completed on: 1996-06-20 Peter Haberman
1996-05-31 Notice of deposit of judgment issued to all parties, Nelligan, Power
1996-05-31 Notice of deposit of judgment issued to all parties, Lang, Michener
1996-05-30 Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1996-03-15 All materials on application for leave submitted to the Judges, L'HD So McL
1995-12-08 Applicant's reply to respondent's argument, 5 copies, with service Peter Haberman
1995-12-01 Respondent's response on the application for leave to appeal, 5 copies, with service Mauricio Peixeiro
1995-11-14 Correspondence received from, sent to Faust, Azevedo & Wise (Toronto, ON) enclosing copy of letter dated Nov 14/95 sent to applicant
1995-11-14 Correspondence received from, sent to Nelligan, Power (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee
1995-11-03 $50.00 filing fee, receipt #31005 Peter Haberman
1995-11-03 Application for leave to appeal, 5 copies, with service, Completed on: 1995-11-03 Peter Haberman

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
Haberman, Peter Applicant Active

v.

Main parties - Respondents
Name Role Status
Peixeiro, Mauricio Respondent Active
Peixeiro, Fernanda Respondent Active

Counsel

Party: Haberman, Peter

Counsel
T.H. Rachlin, Q.C.
Rachlin & Wolfson
1500 - 390 BAY ST
TORONTO, Ontario
M5H 2Y2
Telephone: (416) 367-0202
FAX: (416) 367-1820
Agent
John P. Nelligan, Q.C.
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Peixeiro, Mauricio

Counsel
Antonio Azevedo
Faust, Azevedo & Wise
528 COLLEGE ST
TORONTO, Ontario
M6G 1A6
Telephone: (416) 972-0900
FAX: (416) 972-1885
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Peixeiro, Fernanda

Counsel
Antonio Azevedo
Faust, Azevedo & Wise
528 COLLEGE ST
TORONTO, Ontario
M6G 1A6
Telephone: (416) 972-0900
FAX: (416) 972-1885
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

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

November 1, 1994
Ontario Court of Justice (General Division)

94-CU-78839

Decision that Respondents' claim was statute barred

September 5, 1995
Court of Appeal for Ontario

C20298

Appeal allowed

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