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Case information

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26389

Werner Naef, et al. v. McLean Brothers Fisheries Inc., 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)
1998-10-07 Close file on Leave
1998-07-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto, Ontario)
1998-07-24 Copy of formal judgment on leave being prepared, all parties
1998-07-10 Notice of deposit of judgment issued to all parties, all parties
1998-07-02 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1998-06-08 All materials on application for leave submitted to the Judges, CJ McL Ia
1998-03-20 Book of authorities, 5 copies, Completed on: 1998-03-20 McLean Brothers Fisheries Inc.
1998-03-20 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-03-20 McLean Brothers Fisheries Inc.
1998-03-04 Correspondence received from, sent to Wilson, Walker, Hochberg, Slopen and Gignac, Sutts re: receipt of material commencing a proceeding together with filing fee
1998-02-20 $50.00 filing fee, receipt no. 30164 Werner Naef
1998-02-20 Application for leave to appeal, 5 copies (see order dated Jan. 15, 1998), with service, Completed on: 1998-02-20 Werner Naef
1998-01-15 Order on motion to extend the time to file and/or serve the leave application
1998-01-15 Decision on motion to extend time to file and /or serve the leave application, to Feb. 20/98, L'HD
Granted, no order as to costs
1998-01-15 Hearing of motion to extend time to file and/ or serve the leave application, 1998-01-15, to Feb. 20/98, L'HD
1998-01-15 Submission of motion to extend time to file and/ or serve the leave application, 1998-01-15, to Feb. 20/98, L'HD
1998-01-14 $50.00 filing fee for a notice of motion, receipt no. 28439 Werner Naef
1998-01-07 Response to the motion to extend the time to file and / or serve the leave application, to Feb.20, 1998 (Craig Allen) - 2 copies, Completed on: 1998-01-07 McLean Brothers Fisheries Inc.
1998-01-07 Affidavit, to Feb. 20, 1998 (Kaitlyn D.McCabe) - 2 copies, with service Werner Naef
1998-01-07 Motion to extend the time to file and or serve the application for leave to appeal, to Feb. 20, 1998 (2 copies) - book form (service on McLean Brothers Fisheries Inc. only) $50.00 requested, with service, Completed on: 1998-01-07 Werner Naef

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
Naef, Werner Applicant Active
Duval, Jean-Marc Applicant Active
Smith, Peter Applicant Active

v.

Main parties - Respondents
Name Role Status
McLean Brothers Fisheries Inc. Respondent Active
Barnett, Jane Respondent Active
Canadian Association of Fish Exporters Respondent Active
Kingsville Fisherman's Company Ltd. Top COQ S.A. Respondent Active
Herrlich, Walter Respondent Active
Omstead Foods Limited Respondent Active

Counsel

Party: Naef, Werner

Counsel
Myron W. Shulgan, Q.C.
Wilson, Walker, Hochberg, Slopen
300 - 443 Ouellette Avenue
PO Box 1390
Windsor, Ontario
N9A 6R4
Telephone: (519) 977-1555
FAX: (519) 977-1565

Party: Duval, Jean-Marc

Counsel
Myron W. Shulgan, Q.C.
Wilson, Walker, Hochberg, Slopen
300 - 443 Ouellette Avenue
PO Box 1390
Windsor, Ontario
N9A 6R4
Telephone: (519) 977-1555
FAX: (519) 977-1565

Party: Smith, Peter

Counsel
Myron W. Shulgan, Q.C.
Wilson, Walker, Hochberg, Slopen
300 - 443 Ouellette Avenue
PO Box 1390
Windsor, Ontario
N9A 6R4
Telephone: (519) 977-1555
FAX: (519) 977-1565

Party: McLean Brothers Fisheries Inc.

Counsel
Harvey T. Strosberg, Q.C.
Sutts, Strosberg LLP
600 - 251 Goyeau St
P.O. Box 670, Stn. A
Windsor, Ontario
N9A 6V4
Telephone: (519) 561-6228
FAX: (519) 561-6203
Email: harvey@strosbergco.com
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Barnett, Jane

This party is not represented by counsel.

Party: Canadian Association of Fish Exporters

This party is not represented by counsel.

Party: Kingsville Fisherman's Company Ltd. Top COQ S.A.

This party is not represented by counsel.

Party: Herrlich, Walter

This party is not represented by counsel.

Party: Omstead Foods Limited

This party is not represented by counsel.

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

January 14, 1997
Ontario Court of Justice (General Division)

92-GD-22653

Applicants' motion to dismiss the action for defamation and conspiracy allowed

October 21, 1997
Court of Appeal for Ontario

C26623

Appeal allowed; judgment set aside; matter to proceed to trial

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

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Date modified: 2025-02-27