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25644

Gordon Garland v. Consumers' Gas Company Limited

(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)
2002-11-28 Approved order for payment out, (Sent to Finance Nov. 29, 2002 / Envoyée au département de Finance le 29 nov. 2002)
1999-10-28 Appeal closed
1999-01-05 Record returned to the Registrar of the Court of Appeal
1998-11-04 Notice of deposit of judgment sent to all parties, all parties
1998-10-30 Judgment on the appeal rendered, L'HD Co McL Ia Ma Ba Bi, The appeal is allowed with costs in the cause, Bastarache J. dissenting. The summary judgment is set aside, and this action is remitted to the Ontario Court (General Division) for proceedings in accordance with the Class Proceedings Act, S.O. 1992, c. 6. The award of costs in the amount of $500. against the appellant in his personal capacity is set aside.
Allowed, no order as to costs
1998-03-30 General proceeding, transcripts received and distributed to the judges (81 pages)
1998-03-23 General proceeding, 12 copies of CONDENSED BOOK given in Court Consumers' Gas Company Limited
1998-03-23 General proceeding, 12 copies of CONDENSED BOOK given in Court Gordon Garland
1998-03-23 Hearing of the appeal, 1998-03-23, L'HD Co McL Ia Ma Ba Bi
Decision reserved
1998-03-20 Correspondence (sent by the Court) to, from Gowling re: duration of argument
1998-03-18 Notice of appearance, of Barbara L. Grossman, Michael L McGowan, Christopher D. Woodbury and Dorothy Fong at the hearing of ther appeal Gordon Garland
1998-03-17 Supplemental document, BOOK OF AUTHORITIES 12 copies, with service Gordon Garland
1998-03-16 Supplemental document, BOOK OF AUTHORITIES 10 copies Consumers' Gas Company Limited
1998-03-02 Book of authorities, 10 copies, Completed on: 1998-03-02 Consumers' Gas Company Limited
1998-03-02 General proceeding, to note 24 copies of an amended page 12 of the respondent's factum Consumers' Gas Company Limited
1998-02-19 Book of authorities, 12 copies, with service, Completed on: 1998-02-19 Gordon Garland
1998-02-17 Respondent's factum, 24 copies, Completed on: 1998-02-17 Consumers' Gas Company Limited
1998-01-14 Appeal hearing scheduled, 1998-03-23
Decision reserved
1998-01-07 Correspondence (sent by the Court) to, sent to Aird & Berlis (Toronto, ON) enclosing copy of notice to the profession dealing with condensed books by A. Roland
1998-01-07 Correspondence (sent by the Court) to, sent to McGowan & Associates (Toronto, ON) enclosing copy of the notice to the profession dealing with condensed books by A. Roland
1997-12-23 Appellant's factum, 24 copies (see order of Dec. 17/97), with service, Completed on: 1997-12-23 Gordon Garland
1997-12-17 Order on motion to extend time, to file their Case on Appeal and Factum
1997-12-17 Decision on motion to extend time, to file their case on appeal & appellant's factum to Dec. 23/97, Reg
Granted, no order as to costs
1997-12-17 Hearing of motion to extend time, 1997-12-17, to file their case on appeal & appellant's factum to Dec. 23/97, Reg
1997-12-17 Submission of motion to extend time, 1997-12-17, to file their case on appeal & appellant's factum to Dec. 23/97, Reg
1997-12-15 Case on appeal, 24 copies of vol. I to IV (see order of Dec. 17/97, with service Gordon Garland
1997-12-15 Response to motion to extend time, to file the case on appeal and the appellant's factum to Dec. 23, 1997 (Aird & Berlis), Completed on: 1997-12-15 Consumers' Gas Company Limited
1997-12-15 $50.00 filing fee for notice of motion, receipt no. 28318 Gordon Garland
1997-12-10 Affidavit, to file the case on appeal and appellant's factum to Dec. 23, 1997 (Barbara Grossman) (affidavit not signed) (fax copy) (original received on Dec. 15, 1997 with signature) Gordon Garland
1997-12-10 Motion to extend time, to file the case on appeal and appellant's factum to Dec. 23, 1997 (fax copy) - $50.00 requested (original received on Dec. 15, 1997), Completed on: 1997-12-10 Gordon Garland
1997-11-24 Appeal perfected for hearing, Session beginning on 1998-01-19
1997-09-11 Appeal court record, (1 box)
1997-07-28 Order granting leave to appeal
1997-07-04 Notice of deposit of security, (1 copy), with service
1997-06-30 Correspondence (sent by the Court) to, sent to Aird & Berlis (Toronto, ON) enclosing copy of Rule 32
1997-06-30 Correspondence (sent by the Court) to, sent to Fraser & Beatty (Toronto, ON) enclosing copy of Rule 32
1997-06-27 $10.00 fee for depositing security, receipt #34420 Gordon Garland
1997-06-27 $500 security deposit paid, Direction #2421 Gordon Garland
1997-06-27 Notice of appeal, With service, Completed on: 1997-06-27 Gordon Garland
1997-06-19 Judgment of the Court on the application for leave to appeal, LaF G Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1997-06-19 Notice of deposit of judgment issued to all parties, Aird & Berlis
1997-06-19 Notice of deposit of judgment issued to all parties, Fraser & Beatty
1997-04-18 Correspondence received from, from Michael McGowan; re: co-counsel for the plaintiff
1997-02-14 All materials on application for leave submitted to the Judges, LaF G Ma
1996-12-20 Book of authorities, 5 copies, Completed on: 1996-12-20 Gordon Garland
1996-12-20 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-12-20 Gordon Garland
1996-12-16 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-12-16 Consumers' Gas Company Limited
1996-12-09 Correspondence received from, sent to Aird & Berlis, (Toronto, ON) a copy of the letter dated December 9, 1996 sent to the Applicant.
1996-12-09 Correspondence received from, sent to Fraser & Beatty, (Toronto, ON) to acknowlege receipt of documents commencing a proceeding and the filing fee.
1996-11-15 Book of authorities, 5 copies, Completed on: 1996-11-15 Gordon Garland
1996-11-15 $50.00 filing fee, receipt #33011 Gordon Garland
1996-11-15 Application for leave to appeal, 5 copies, with service, Completed on: 1996-11-15 Gordon Garland

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
Garland, Gordon Applicant Active

v.

Main parties - Respondents
Name Role Status
Consumers' Gas Company Limited Respondent Active

Counsel

Party: Garland, Gordon

Counsel
Names
Michael McGowan
Barbara L. Grossman
Contact information
McGowan Elliott & Kim LLP
1400 - 10 Bay Street
Toronto, Ontario
M5J 2R8
Telephone: (416) 363-2239
FAX: (416) 362-6204
Agent
Name
Catherine P. Coulter
Contact information
Fraser Milner Casgrain LLP
1420 - 00 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9660
FAX: (613) 783-9690
Email: catherine.coulter@fmc-law.com

Party: Consumers' Gas Company Limited

Counsel
Name
Fred D. Cass
Contact information
Aird & Berlis LLP
1800 - 181 Bay St.
BCE Place, P.O. Box 754
Toronto, Ontario
M5J 2T9
Telephone: (416) 863-1500
FAX: (416) 863-1515
Email: fcass@airdberlis.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
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

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

February 13, 1995
Ontario Court of Justice (General Division)

94-CQ-50711

Action dismissed

September 18, 1996
Court of Appeal for Ontario

C21156

Appeal dismissed

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13