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.
26422
Her Majesty the Queen in Right of Ontario v. Nesbitt, Burns 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-02-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-02-09 | Copy of formal judgment being prepared | |
| 1999-01-18 |
Judgment on the appeal rendered, G Co McL Ia Ma Ba Bi, GONTHIER J. (orally): We are all of the view that the case is moot as there remains no live controversy between the parties, the principal action giving rise to the third party claim having been settled. We are also of the view that the appeal does not warrant the favourable exercise of our discretion to hear it pursuant to the criteria set forth in Borowski v. Canada, [1989] 1 S.C.R. 342. (video #V001) Dismissed, no order as to costs |
|
| 1999-01-18 |
Hearing of the appeal, 1999-01-18, G Co McL Ia Ma Ba Bi Decision rendered |
|
| 1999-01-18 |
Hearing of motion for directions, 1999-01-18, G Co McL Ia Ma Ba Bi Decision rendered |
|
| 1999-01-18 |
Decision on motion for directions, G Co McL Ia Ma Ba Bi, GONTHIER J. (orally): We are all of the view that the case is moot as there remains no live controversy between the parties, the principal action giving rise to the third party claim having been settled. We are also of the view that the appeal does not warrant the favourable exercise of our discretion to hear it pursuant to the criteria set forth in Borowski v. Canada, [1989] 1 S.C.R. 342. (video #V001) Dismissed, no order as to costs |
|
| 1999-01-18 | Respondent's book of authorities, 12 copies re: motion for directions, Completed on: 1999-01-18 | Nesbitt, Burns Inc. |
| 1999-01-18 | Appellant's book of authorities, 12 copies re: motion for directions, Completed on: 1999-01-18 | Her Majesty the Queen in Right of Ontario |
| 1999-01-18 | Response to motion for directions, Completed on: 1999-01-18 | Nesbitt, Burns Inc. |
| 1999-01-15 | Correspondence received from, from Genest, Murray, letter dated Jan. 15, 1999 (fax copy) re: takes no position on the issues raised in the motion for directions by Her Majesty the Queen and will not be attending at the hearing of the motion | Deposit Insurance Corporation of Ontario |
| 1999-01-15 | Correspondence received from, (Letter Form), Burke-Robertson (fax copy) re: no one will be appearing on the motion for directions; also, A.G.B.C. takes no position with respect to this motion, sent to G Co McL I Ma Ba Bi, Jan 15/99 | Attorney General of British Columbia |
| 1999-01-13 | Correspondence (sent by the Court) to, Beard, Winter re: oral hearing of the motion for directions to be heard Jan. 18/99 at 9:30 a.m., the Court should like to hear from counsel on the issue of mootness | |
| 1999-01-13 |
Submission of motion for directions, 1999-01-18, G Co McL Ia Ma Ba Bi Decision rendered |
|
| 1999-01-12 | Intervener's factum, Completed on: 1999-01-12 | Attorney General of British Columbia |
| 1999-01-12 | Motion for directions, sent to G Co McL I Ma Ba Bi, Jan. 13/99, Completed on: 1999-01-12 | Her Majesty the Queen in Right of Ontario |
| 1999-01-11 | Order on motion to extend time, to intervene | |
| 1999-01-11 | Order on motion for leave to intervene | |
| 1999-01-07 | Correspondence received from, Tory, Tory dated Jan. 7, 1999 (fax copy) re: his clients not liable for any costs of the Crown, sent to G Co McL I Ma Ba Bi, Jan 8/99 | Nesbitt, Burns Inc. |
| 1999-01-06 |
Decision on the motion for leave to intervene, the factum is limited to 20 pages to be filed on or before Jan. 12/99 and to present oral argument limited to 15 minutes, Ba Granted, no order as to costs |
|
| 1999-01-06 |
Decision on motion to extend time, for leave to intervene by the A.G. of B.C., Ba Granted, no order as to costs |
|
| 1999-01-05 | Submission of motion to extend time, for leave to intervene by the A.G. of B.C., Ba | |
| 1999-01-05 | Submission of motion for leave to intervene, by A.G. - B.C., Ba | |
| 1998-12-31 | Response to the motion for leave to intervene, (Letter Form), (conditional consent) (fax copy) (letter dated Dec. 31, 1998 from Clare Burns), sent to G Co McL I Ma Ba Bi, Jan. 8/99, Completed on: 1998-12-31 | Nesbitt, Burns Inc. |
| 1998-12-24 | Motion to extend time, (joint with motion to intervene), Completed on: 1998-12-24 | Attorney General of British Columbia |
| 1998-12-24 | Motion for leave to intervene, (joint with motion to extend the time) - 2 copies - book form, Completed on: 1998-12-24 | Attorney General of British Columbia |
| 1998-12-09 | Correspondence received from, Sheila Block to A. Roland, letter dated Dec. 9, 1998 (fax copy) re: responding to Mr. Price's letter received on Dec. 1, 1998 | Nesbitt, Burns Inc. |
| 1998-12-04 |
Appeal hearing scheduled, 1999-01-18 Decision rendered |
|
| 1998-12-01 | Correspondence received from, Leah Price; Crown wishes to proceed with this appeal, sent to G Co McL I Ma Ba Bi, Jan. 8 /99 | Her Majesty the Queen in Right of Ontario |
| 1998-11-24 | General proceeding, Her Majesty the Queen (Ontario), appellant no. 2 will continue the appeal (as per phone conversation) | Her Majesty the Queen in Right of Ontario |
| 1998-11-20 | Appeal perfected for hearing, Session beginning on 1999-01-18 | |
| 1998-11-20 | Correspondence received from, Tory, Tory, letter dated Nov. 20, 1998 (fax copy) re: has no longer interest in this appeal, sent to G Co McL I Ma Ba Bi, Jan. 8/99 | Nesbitt, Burns Inc. |
| 1998-11-05 | Discontinuance of the appeal, sent to G Co McL I Ma Ba Bi, Jan. 8/99 | Deposit Insurance Corporation of Ontario |
| 1998-09-25 | Book of authorities, Completed on: 1998-09-25 | Her Majesty the Queen in Right of Ontario |
| 1998-09-25 | Appellant's factum, Completed on: 1998-09-25 | Her Majesty the Queen in Right of Ontario |
| 1998-09-10 | Appellant's factum, 24 copies (service admitted on August 28, 1998), with service, Completed on: 1998-09-10 | Deposit Insurance Corporation of Ontario |
| 1998-09-10 | Appellant's record, 24 copies (service admitted on August 28, 1998), with service, Completed on: 1998-09-10 | Deposit Insurance Corporation of Ontario |
| 1998-06-24 | Order granting leave to appeal | |
| 1998-05-29 | Notice of deposit of security | |
| 1998-05-29 | Correspondence (sent by the Court) to, sent to Beard Winter, Genest Murray DesBrisay Lamek and Tory Tory Deslauriers & Binnington re: Rule 32 | |
| 1998-05-26 | $10.00 fee for depositing security, receipt no. 30664 | Deposit Insurance Corporation of Ontario |
| 1998-05-26 | $500 security deposit paid, receipt no. 2454 | Deposit Insurance Corporation of Ontario |
| 1998-05-25 | Notice of appeal, Completed on: 1998-05-25 | Deposit Insurance Corporation of Ontario |
| 1998-05-22 | Notice of appeal, With service, Completed on: 1998-05-22 | Her Majesty the Queen in Right of Ontario |
| 1998-05-22 | Order granting leave to appeal | |
| 1998-05-07 |
Judgment of the Court on the application for leave to appeal, Co Ma Bi, The applications for leave to appeal are granted. Granted, no order as to costs |
|
| 1998-05-07 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-03-27 | All materials on application for leave submitted to the Judges, Co Ma Bi | |
| 1998-03-20 | General proceeding, C.A. Order (TO BE DISTRIBUTED) | Deposit Insurance Corporation of Ontario |
| 1998-01-28 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-01-28 | Her Majesty the Queen in Right of Ontario |
| 1998-01-28 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-01-28 | Deposit Insurance Corporation of Ontario |
| 1998-01-23 | Correspondence received from, sent to Burke-Robertson, Nelligan, Power and Lang, Michener re: receipt of application for leave to appeal | |
| 1998-01-21 | Correspondence received from, from J. Terry; re: responding to both leave application of DICO and the Queen | Nesbitt, Burns Inc. |
| 1998-01-21 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-01-21 | Nesbitt, Burns Inc. |
| 1997-12-23 | $50.00 filing fee, receipt #28383 | Her Majesty the Queen in Right of Ontario |
| 1997-12-23 | Application for leave to appeal, 5 copies, with service, Completed on: 1997-12-23 | Her Majesty the Queen in Right of Ontario |
| 1997-12-23 | $50.00 filing fee, receipt #28385 | Deposit Insurance Corporation of Ontario |
| 1997-12-23 | Application for leave to appeal, 5 copies, with service, Completed on: 1997-12-23 | Deposit Insurance Corporation of Ontario |
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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Ontario | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nesbitt, Burns Inc. | Respondent | Active |
| Zanewycz, Walter | Respondent | Active |
| Pilot, Gregory | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of Ontario
Counsel
900 - 150 King St West
Toronto, Ontario
M5H 2K4
Telephone: (416) 593-5555
FAX: (416) 593-7760
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Nesbitt, Burns Inc.
Counsel
3000 Aetna Tower
P.O. Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7319
FAX: (416) 865-7380
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Zanewycz, Walter
Counsel
3000 Aetna Tower
P.O. Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7319
FAX: (416) 865-7380
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Pilot, Gregory
Counsel
3000 Aetna Tower
P.O. Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7319
FAX: (416) 865-7380
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Attorney General of British Columbia
Counsel
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6175
FAX: (250) 953-4348
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Summary
Keywords
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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
Ontario Court of Justice (General Division)
95-CU-93711A
Respondents' third party claim agains DICO dismissed as statute barred
Court of Appeal for Ontario
C25772
Appeal allowed
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
Related links
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
Related links
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