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Case information

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25692

Gerald E. Litowitz, et al. v. Royal Trust Corporation of Canada, Trustee for theStandard Life Assurance Company, 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)
1997-07-24 Close file on Leave
1997-06-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. (Ottawa, Ontario)
1997-06-16 Copy of formal judgment on leave being prepared, McCarthy, Tétrault (Ottawa, ON)
1997-06-16 Copy of formal judgment on leave being prepared, Lang, Michener (Ottawa, ON)
1997-04-17 Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1997-04-17 Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa, ON)
1997-04-17 Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON)
1997-03-21 Correspondence received from, from Malcolm Mercer of McCarthy, Tétrault to Registrar, letter dated March 19, 1997 re: advising the Court that application for leave to appeal by Harris Trust (file no. 25720) has been abandoned sent to CJ Co McL, March 24/97 Royal Trust Corporation of Canada, Trustee for theStandard Life Assurance Company
1997-03-14 All materials on application for leave submitted to the Judges, CJ Co McL
1997-03-07 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-03-07 Gerald E. Litowitz
1997-02-28 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-02-28 Royal Trust Corporation of Canada, Trustee for theStandard Life Assurance Company
1997-02-07 Correspondence received from, sent to McCarthy, Tétrault enclosing copy of the letter dated Feb. 7/97 sent to the Applicant
1997-02-07 Correspondence received from, sent to Lang, Michener to acknowledge receipt of material commencing a proceeding together with the filing fee
1997-01-30 $50.00 filing fee, receipt no.33456 Gerald E. Litowitz
1997-01-30 Application for leave to appeal, 5 copies (extension granted on Dec. 17, 1996), with service, Completed on: 1997-01-30 Gerald E. Litowitz
1997-01-17 Correspondence received from, (by fax) from McMillan, Binch; re: that leave application be considered with 25720-25714
1996-12-18 Notice of application for leave to appeal, With service Gerald E. Litowitz
1996-12-18 Order on motion to extend the time to file and/or serve the leave application
1996-12-17 Decision on motion to extend time to file and /or serve the leave application, to Jan 30/97, Ia
Granted, no order as to costs
1996-12-17 Hearing of motion to extend time to file and/ or serve the leave application, 1996-12-17, to Jan 30/97, Ia
1996-12-17 Submission of motion to extend time to file and/ or serve the leave application, 1996-12-17, to Jan 30/97, Ia
1996-12-13 Response to the motion to extend the time to file and / or serve the leave application, to a 30 days extension, Completed on: 1996-12-13 Royal Trust Corporation of Canada, Trustee for theStandard Life Assurance Company
1996-12-13 Affidavit, to January 30, 1997 (of H. Scott Fairley), with service Gerald E. Litowitz
1996-12-13 $50.00 filing fee for a notice of motion, to extend time receipt #33205 Gerald E. Litowitz
1996-12-13 Motion to extend the time to file and or serve the application for leave to appeal, to January 30, 1997 (Notice of application for leave requested), with service, Completed on: 1996-12-13 Gerald E. Litowitz

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
Litowitz, Gerald E. Applicant Active
Headway Property Investment 78-I Applicant Active
Headway Property Investment 78-I Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Royal Trust Corporation of Canada, Trustee for theStandard Life Assurance Company Respondent Active
Standard Life Assurance Company Respondent Active

Counsel

Party: Litowitz, Gerald E.

Counsel
H. Scott Fairley
Lang Michener
2500 - 181 BAY ST
BOX 747
TORONTO, Ontario
M5J 2T7
Telephone: (416) 360-8600
FAX: (416) 365-1719
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Headway Property Investment 78-I

Counsel
Gerald E. Litowitz
Lang Michener
2500 - 181 BAY ST
BOX 747
TORONTO, Ontario
M5J 2T7
Telephone: (416) 360-8600
FAX: (416) 365-1719
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Headway Property Investment 78-I Inc.

Counsel
Gerald E. Litowitz
Lang Michener
2500 - 181 BAY ST
BOX 747
TORONTO, Ontario
M5J 2T7
Telephone: (416) 360-8600
FAX: (416) 365-1719
Agent
Eugene Meehan
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Royal Trust Corporation of Canada, Trustee for theStandard Life Assurance Company

Counsel
Malcolm M. Mercer
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Anthony H.A. Keenleyside
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Standard Life Assurance Company

Counsel
Malcolm M. Mercer
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Anthony H.A. Keenleyside
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

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

June 7, 1995
Ontario Court of Justice (General Division)

4763/94

Applicants' application for a declaration to prepay the mortgages allowed

October 31, 1996
Court of Appeal for Ontario

C22266

application by G. E. Litowits is dismissed, appeal by Standard Life 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: 2025-02-27