Case information
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26654
Guarantee Company of North America v. Gordon Capital Corporation, 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) |
|---|---|---|
| 2001-03-07 | Certificate of taxation issued to, Ogilvy, Renault | |
| 2001-03-07 | Decision on the bill of costs, taxed at $3,668.13, Reg | |
| 2001-03-07 | Submission of the bill of costs, Reg | |
| 2001-02-19 | Bill of costs, Completed on: 2001-02-19 | Laurentian General Insurance Company Inc. |
| 2000-10-31 | Certificate of taxation issued to, Gowlings | |
| 2000-10-31 | Decision on the bill of costs, at $8,323.04, Reg | |
| 2000-10-27 | Submission of the bill of costs, Reg | |
| 2000-10-17 | Certificate of taxation issued to, Gowlings | |
| 2000-10-12 | Decision on the bill of costs, taxed at $19,003.03, Reg | |
| 2000-10-11 | Submission of the bill of costs, Reg | |
| 2000-10-02 | Response to the bill of costs, Completed on: 2000-10-02 | Gordon Capital Corporation |
| 2000-09-21 | Bill of costs, Completed on: 2000-09-21 | Chubb Insurance Company of Canada |
| 2000-06-27 | Bill of costs, Completed on: 2000-06-27 | Guarantee Company of North America |
| 2000-02-07 | Approved order for payment out, sent to dept. of Finance Feb. 7/00. | |
| 2000-01-13 | Appeal closed | |
| 2000-01-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2000-01-12 | Copy of formal judgment being prepared | |
| 1999-12-01 | Record returned to the Registrar of the Court of Appeal, + Returned Trial court materials to Borden & Elliot | |
| 1999-10-15 | Notice of deposit of judgment sent to all parties | |
| 1999-10-15 |
Judgment on the appeal rendered, L'HD G Ia Ma Ba, The appeal is allowed with costs throughout. The judgment of the Court of Appeal of Ontario is set aside and the decision of O'Brien J. granting summary judgment in favour of Guarantee Company of North America is restored. Allowed, with costs |
|
| 1999-07-13 | Transcript received, and distributed to the justices (111 pages) | |
| 1999-06-17 |
Hearing of the appeal, 1999-06-17, L'HD G Ia Ma Ba Judgment reserved |
|
| 1999-06-17 | Trial court record, 1 set of Fresh motion record, vol. 1 to 3 from Ontario Court (General Division) | |
| 1999-06-17 | Supplemental document, (suppl. authorities - given in Court) | Gordon Capital Corporation |
| 1999-06-16 | Supplemental document, 11 copies of further materials "Time Line" and 11 copies of suppl. book of authorities | Guarantee Company of North America |
| 1999-06-16 | Appellant's condensed book, 11 copies | Guarantee Company of North America |
| 1999-06-14 | Supplemental document, (suppl. book of authorites) | Gordon Capital Corporation |
| 1999-06-11 | Order on motion to extend time, to serve & file the factum & book of authorities of the respondent Chubb Insurance Co. of Canada to May 21/99. | |
| 1999-06-10 | Notice of appearance, (I. H. Fraser) - fax copy | Laurentian General Insurance Company Inc. |
| 1999-06-10 | Notice of appearance, (Thomas G. Heintzman, R. Paul Steep and Darryl A. Cruz) (fax copy) | Gordon Capital Corporation |
| 1999-06-09 |
Decision on motion for additional time to present oral argument, Ia, The application by the appellant for an order for additonal time to argue this appeal. The appellant will have one hour, 10 minutes. The respondents Chubb and Laurentian will have 20 minutes. The respondent Gordon Capital will have one hour, 40 minutes. The reply of the appellant will be 10 minutes. The reply of the respondents' Chubb & Laurentian will 5 minutes. Granted, no order as to costs |
|
| 1999-06-09 | Submission of motion for additional time to present oral argument, Ia | |
| 1999-06-09 | Response to the motion for additional time to present oral argument, (Joint Consent), Completed on: 1999-06-09 | Gordon Capital Corporation |
| 1999-06-09 | Motion for additional time to present oral argument, (book form), Completed on: 1999-06-09 | Guarantee Company of North America |
| 1999-06-09 | Notice of appearance, letter from Gowling, Strathy | Guarantee Company of North America |
| 1999-06-07 |
Decision on motion to extend time, Reg, to serve & file the factum & book of authorities of the respondent Chubb Insurance Co. of Canada to May 21/99. Granted, no order as to costs |
|
| 1999-06-07 | Submission of motion to extend time, by Chubb Insurance, Reg | |
| 1999-06-04 | Respondent's factum, AMENDED, Completed on: 1999-06-04 | Laurentian General Insurance Company Inc. |
| 1999-06-03 | Response to motion to extend time, (Letter Form), to file the respondent's factum & authorities to May 21/99 (joint consent of appellant and other respondents), Completed on: 1999-06-03 | Guarantee Company of North America |
| 1999-06-03 | Motion to extend time, to file the respondent's factum & authorities to May 21/99, Completed on: 1999-06-03 | Chubb Insurance Company of Canada |
| 1999-05-27 | General proceeding, ORDER dated Sept. 2/93 of Master Cork adding Chubb and Laurentian as parties | Chubb Insurance Company of Canada |
| 1999-05-27 |
Decision on motion to extend time, Reg, to serve & file the factum of the respondent Gordon Capital Corp. to May 12/99. Granted, no order as to costs |
|
| 1999-05-27 | Submission of motion to extend time, Reg | |
| 1999-05-26 | Motion to extend time, to serve and file the Respondent's Factum and Authorities, Completed on: 1999-05-27 | Gordon Capital Corporation |
| 1999-05-21 | Respondent's book of authorities, (extension of time requested), Completed on: 1999-05-21 | Chubb Insurance Company of Canada |
| 1999-05-21 | Respondent's factum, (extension of time requested), Completed on: 1999-05-21 | Chubb Insurance Company of Canada |
| 1999-05-12 | Respondent's book of authorities, Vol. I to III, Completed on: 1999-05-12 | Gordon Capital Corporation |
| 1999-05-12 | Respondent's factum, (extension of time requested), Completed on: 1999-05-13 | Gordon Capital Corporation |
| 1999-05-11 | Notice of hearing | Guarantee Company of North America |
| 1999-05-04 | Respondent's book of authorities, Completed on: 1999-05-04 | Laurentian General Insurance Company Inc. |
| 1999-05-04 | Respondent's factum, 25 copies (nature of order requested)(see AMENDED factum filed June 4/99), Completed on: 1999-06-04 | Laurentian General Insurance Company Inc. |
| 1999-04-30 | Appeal court record, 1 box | |
| 1999-04-21 | Hearing of motion to expedite the appeal, CJ | |
| 1999-04-21 |
Decision on motion to expedite the appeal, CJ, The hearing of this appeal will be scheduled for June 18, 1999. Granted, no order as to costs |
|
| 1999-04-21 |
Appeal hearing scheduled, 1999-06-17 Judgment reserved |
|
| 1999-04-21 | Appeal perfected for hearing, Session beginning on 1999-04-19 | |
| 1999-04-15 | Correspondence received from, K.W. Scott, Q.C. dated April 15/99 (by fax) in reply to Colin Baxter's letter of April 14/99 | Guarantee Company of North America |
| 1999-04-14 | Submission of motion to expedite the appeal, CJ | |
| 1999-04-14 | Correspondence received from, Colin S. Baxter dated April 14/99 (by fax) re: respondent's factum will be filed on or before May 14/99 | Gordon Capital Corporation |
| 1999-03-19 | Reply to motion to expedite the appeal, (Letter Form), letter dated March 18, 1999 from D. Cruz (fax copy), Completed on: 1999-03-19 | Gordon Capital Corporation |
| 1999-03-05 | Response to motion to expedite the appeal, 5 copies - book form, Completed on: 1999-03-05 | Guarantee Company of North America |
| 1999-03-05 | Response to motion to expedite the appeal, (Letter Form), fax copy - (original received on March 8, 1999), Completed on: 1999-03-05 | Chubb Insurance Company of Canada |
| 1999-03-05 | Correspondence received, (Letter Form), from A. Assuras, counsel for the applicant in 27139 re: similar issue with the case no. 27139 (Tandon v. Canada Trustco) | |
| 1999-03-03 | Appellant's factum, Completed on: 1999-03-03 | Guarantee Company of North America |
| 1999-03-03 | Appellant's book of authorities, (vol. 1 to 3), Completed on: 1999-03-03 | Guarantee Company of North America |
| 1999-03-02 | Appellant's record, vol. I to III, Completed on: 1999-03-02 | Guarantee Company of North America |
| 1999-02-26 | Motion to expedite the appeal, 5 copies - book form, Completed on: 1999-02-26 | Gordon Capital Corporation |
| 1998-11-06 | Notice of deposit of security | |
| 1998-11-05 | Letter acknowledging receipt of notice of appeal | |
| 1998-11-03 | Notice of appeal, With service, Completed on: 1998-11-03 | Guarantee Company of North America |
| 1998-11-03 | $500 security deposit paid, receipt #2465 | Guarantee Company of North America |
| 1998-11-03 | $10.00 fee for depositing security, receipt #31410 | Guarantee Company of North America |
| 1998-10-09 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-10-08 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to cross-appeal is dismissed. The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1998-09-23 | Correspondence received from, sent to Gowling, Strathy & Henderson, by Dep. Reg re: your letter Sept. 9/98, page 3 was amended | |
| 1998-09-14 | Correspondence received from, from Gowling to A. Roland, letter dated Sept. 9, 1998 re; errors in the objective summary, sent to CJ McL I, Sept. 22/98 | Guarantee Company of North America |
| 1998-08-31 | Proof of service, of the memorandum of argument and authorities on cross-appeal, sent to CJ McL I, Sept. 10/98 | |
| 1998-08-31 | All materials on application for leave submitted to the Judges, 1998-10-08, CJ McL Ia | |
| 1998-08-31 | Book of authorities, 5 copies (re: on response to cross-appeal), sent to CJ McL I, Sept. 10/98, with service, Completed on: 1998-08-31 | Guarantee Company of North America |
| 1998-08-31 | Memorandum of argument in response to the cross-appeal, 5 copies sent to CJ McL I Sept. 10/98, with service, Completed on: 1998-08-31 | Guarantee Company of North America |
| 1998-07-22 | Order on motion to extend time, for leave to cross-appeal | |
| 1998-07-22 |
Decision on motion to extend time, to serve & file an application for leave to cross- appeal to July 15/98, Reg Granted, no order as to costs |
|
| 1998-07-22 | Hearing of motion to extend time, 1998-07-22, to serve & file an application for leave to cross- appeal to July 15/98, Reg | |
| 1998-07-22 | Submission of motion to extend time, 1998-07-22, to serve & file an application for leave to cross- appeal to July 15/98, Reg | |
| 1998-07-17 | Proof of service, of the motion to cross-appeal (book form), with service | |
| 1998-07-17 | Response to motion to extend time, to file the motion to cross-appeal to July 15, 1998 (I. H. Fraser), Completed on: 1998-07-17 | Laurentian General Insurance Company Inc. |
| 1998-07-17 | Affidavit, to file the motion to cross-appeal to July 15, 1998 (L M. Souliere) | Gordon Capital Corporation |
| 1998-07-17 | $50.00 filing fee for a notice of motion, receipt no. 30878 | Gordon Capital Corporation |
| 1998-07-17 | Motion to extend time, to file the motion to cross-appeal to July 15, 1998, Completed on: 1998-07-17 | Gordon Capital Corporation |
| 1998-07-16 |
Decision on motion to strike out, Ma, the affidavit of Alexander Kennedy in support of the leave application. It is hereby ordered that: 1. the application is dismissed, 2. the application to extend time for response is granted and extended for 30 days. 3. costs of this application shall be costs in the cause Dismissed, no order as to costs |
|
| 1998-07-16 | Hearing of motion to strike out, 1998-07-16, Ma | |
| 1998-07-16 | Submission of motion to strike out, 1998-07-16, Ma | |
| 1998-07-15 | Response to motion to extend time, to file the motion to cross-appeal to July 15, 1998 (joint consent with Chubb Ins. Co. of Canada), Completed on: 1998-07-15 | Guarantee Company of North America |
| 1998-07-15 | Application for leave to cross-appeal, 5 copies (extesion of time requested), with service, Completed on: 1998-07-15 | Gordon Capital Corporation |
| 1998-07-08 | Book of authorities, 5 copies, Completed on: 1998-07-08 | Gordon Capital Corporation |
| 1998-06-29 | Book of authorities, 5 copies, with service, Completed on: 1998-06-29 | Guarantee Company of North America |
| 1998-06-29 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1998-06-29 | Guarantee Company of North America |
| 1998-06-29 | Book of authorities, (6 copies) on the motion to strike, with service, Completed on: 1998-06-29 | Gordon Capital Corporation |
| 1998-06-29 | General proceeding, (6 copies) of response to motion to strike, with service | Guarantee Company of North America |
| 1998-06-22 | Motion to strike out, the affidavit of Alexander Kennedy in support of the application for leave (10 copies), with service, Completed on: 1998-06-22 | Gordon Capital Corporation |
| 1998-06-22 | Book of authorities, 10 copies, with service, Completed on: 1998-06-22 | Guarantee Company of North America |
| 1998-06-22 | Respondent's response on the application for leave to appeal, 10 copies, with service, Completed on: 1998-06-22 | Gordon Capital Corporation |
| 1998-06-02 | Proof of service, of authorities (admitted on May 29\98) | |
| 1998-06-01 | Book of authorities, 5 copies, with service, Completed on: 1998-06-01 | Chubb Insurance Company of Canada |
| 1998-05-28 | Correspondence received from, sent to Gowling Strathy & Henderson, Ogilvy Renault, Poss & Halfnight and McCarthy Tétrault re: receipt of material commencing a proceeding together with filing fee | |
| 1998-05-22 | Respondent's response on the application for leave to appeal, 5 copies (service admitted on May 21, 1998), with service, Completed on: 1998-05-22 | Chubb Insurance Company of Canada |
| 1998-05-22 | $50.00 filing fee, receipt #30645 | Guarantee Company of North America |
| 1998-05-22 | Book of authorities, 5 copies, with service, Completed on: 1998-05-22 | Guarantee Company of North America |
| 1998-05-22 | Application for leave to appeal, 5 copies, with service, Completed on: 1998-05-22 | Guarantee Company of North America |
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 |
|---|---|---|
| Guarantee Company of North America | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gordon Capital Corporation | Respondent | Active |
| Chubb Insurance Company of Canada | Respondent | Active |
| Laurentian General Insurance Company Inc. | Respondent | Active |
Counsel
Party: Guarantee Company of North America
Counsel
James D. Patterson
Sharon C. Vogel
Scotia Plaza
40 King St W
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6260
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Gordon Capital Corporation
Counsel
Darryl A. Cruz
R. Paul Steep
4700 TD Bank Tower
PO Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2121
FAX: (613) 563-9386
Party: Chubb Insurance Company of Canada
Counsel
Glynis Evans
2000 - 1 Queen Street
Toronto, Ontario
M5C 2W5
Telephone: (416) 361-3082
FAX: (416) 361-0230
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Laurentian General Insurance Company Inc.
Counsel
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
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.
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Lower court rulings
Ontario Court of Justice (General Division)
B209-96
Motion for summary judgment allowed, declaratory relief granted
Court of Appeal for Ontario
C26812
Appeal allowed, motion for summary judgment 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
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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
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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.
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