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.
26972
George McCauley, et al. v. Mark Fitzsimmons, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113, 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) |
|---|---|---|
| 1999-06-04 | Close file on Leave | |
| 1999-06-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 1999-06-03 | Copy of formal judgment on leave being prepared | |
| 1999-04-06 | Notice of deposit of judgment issued to all parties | |
| 1999-04-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs to Local 113. Dismissed, with costs |
|
| 1999-02-22 | All materials on application for leave submitted to the Judges, Co Ma Bi | |
| 1998-12-16 | Applicant's reply to respondent's argument, Reply to Response of Toronto Fire Fighters' Association, Local 113, Completed on: 1998-12-16 | George McCauley |
| 1998-12-16 | Applicant's reply to respondent's argument, Reply to Response of Trustees, Completed on: 1998-12-16 | George McCauley |
| 1998-12-14 | Respondent's response on the application for leave to appeal, Completed on: 1998-12-14 | Mark Fitzsimmons, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113 |
| 1998-12-08 | Respondent's response on the application for leave to appeal, Completed on: 1998-12-08 | Mike Dailly |
| 1998-12-03 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 1998-11-12 | Application for leave to appeal, (signature and Trial and C/A orders received on Dec. 15/98), Completed on: 1998-12-15 | George McCauley |
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 |
|---|---|---|
| McCauley, George | Applicant | Active |
| James Warren, on his behalf and on behalf of all members of the Toronto Fire Department Pensioners' Association who have a financial interest remaining in the Benevolent Fund | Applicant | Active |
| James McLaughlin, on his own behalf and on behalf of all members of the Toronto Fire Department Pensioners' Association who have a financial interest remaining in the Benevolent Fund | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mark Fitzsimmons, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113 | Respondent | Active |
| Mark McKinnon, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113 | Respondent | Active |
| Mike Figliola, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113 | Respondent | Active |
| International Asociation of Fire Fighters | Respondent | Active |
| Dailly, Mike | Respondent | Active |
| John Stevenson, as Trustee of the Toronto Fire Fighters' Benevolent Fund | Respondent | Active |
| Bernie Cassidy, as Trustee of the Toronto Fire Fighters' Benevolent Fund | Respondent | Active |
Counsel
Party: McCauley, George
Counsel
Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 340-6022
FAX: (416) 977-5239
Party: James Warren, on his behalf and on behalf of all members of the Toronto Fire Department Pensioners' Association who have a financial interest remaining in the Benevolent Fund
Counsel
Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 340-6022
FAX: (416) 977-5239
Party: James McLaughlin, on his own behalf and on behalf of all members of the Toronto Fire Department Pensioners' Association who have a financial interest remaining in the Benevolent Fund
Counsel
Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 340-6022
FAX: (416) 977-5239
Party: Mark Fitzsimmons, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113
Counsel
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Mark McKinnon, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113
Counsel
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Mike Figliola, on his own behalf and on behalf of all members of Toronto Fire Fighters' Association, Local 113
Counsel
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: International Asociation of Fire Fighters
This party is not represented by counsel.
Party: Dailly, Mike
Counsel
65 Queen Street West
Toronto, Ontario
M5H 2M5
Telephone: (416) 860-1057
FAX: (416) 367-2502
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: John Stevenson, as Trustee of the Toronto Fire Fighters' Benevolent Fund
Counsel
65 Queen Street West
Toronto, Ontario
M5H 2M5
Telephone: (416) 860-1057
FAX: (416) 367-2502
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Bernie Cassidy, as Trustee of the Toronto Fire Fighters' Benevolent Fund
Counsel
65 Queen Street West
Toronto, Ontario
M5H 2M5
Telephone: (416) 860-1057
FAX: (416) 367-2502
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
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
Ontario Court of Justice (General Division)
RE 5064-95 - RE 5322
Application allowed; counter-application dismissed; order that fund be wound up and that retired members be paid their entitlements in priority to present members
Court of Appeal for Ontario
C26911
Appeal allowed; cross-appeal dismissed; order set aside; order that fund be wound up in accordance with scheme of distribution to be determined by master in reference
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
Related links
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