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27524

539938 Ontario Limited, et al. v. Tyler Derksen, a minor, by his litigation guardian William Derksen, 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)
2001-11-29 Appeal closed
2001-11-29 Formal judgment sent to the registrar of the court of appeal and all parties
2001-10-19 Written reasons rendered after oral judgment, L'HD Ia Ma Ba Bi Arb LeB
Dismissed, no order as to costs
2001-10-16 Record returned to the Registrar of the Court of Appeal
2001-09-12 Notice of deposit of judgment sent to all parties
2001-09-12 Notice of deposit of judgment sent to all parties
2001-05-02 Transcript received, 69 pages
2001-04-27 Notice of deposit of judgment sent to all parties
2001-04-26 Copy of formal judgment being prepared
2001-04-25 Judgment reserved OR rendered with reasons to follow
2001-04-25 Judgment on the appeal rendered, L'HD Ia Ma Ba Bi Arb LeB, L'Heureux-Dubé J. (orally for the Court): We are all of the view that this appeal should be dismised with costs, reasons to follow.
Dismissed, with costs
2001-04-25 Hearing of the appeal, 2001-04-25, (V041), L'HD Ia Ma Ba Bi Arb LeB
Judgment rendered
2001-04-25 Acknowledgement and consent for video taping of proceedings
2001-04-23 Respondent's condensed book Tyler Derksen, a minor, by his litigation guardian William Derksen
2001-04-20 Respondent's condensed book 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895)
2001-04-20 Decision on motion to extend time, DeRg, to serve & file the factum of the respondents 539938 Ontario Ltd. et al. in their uninsured capacity to April 4, 2001.
Granted, no order as to costs
2001-04-20 Submission of motion to extend time, DeRg
2001-04-11 Response to motion to extend time, from Gowlings (back of motion), Completed on: 2001-04-11 Tyler Derksen, a minor, by his litigation guardian William Derksen
2001-04-06 Motion to extend time, to serve and file the Factum to Apr. 4/01, Completed on: 2001-04-06 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (in their uninsured capacity)
2001-04-04 Respondent's factum, (extension of time requested), Completed on: 2001-04-04 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (in their uninsured capacity)
2001-03-16 Appeal hearing scheduled, 2001-04-25
Judgment rendered
2001-03-14 Respondent's book of authorities, Completed on: 2001-03-14 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895)
2001-03-14 Respondent's factum, (see decision of Feb. 22/01), Completed on: 2001-03-14 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895)
2001-02-22 Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the respondents' 539938 Ontario Ltd. et al., ( Wawanesa Automobile Policy #3556895) to March 16, 2001.
Granted, no order as to costs
2001-02-22 Submission of motion to extend time, Reg
2001-02-14 Response to motion to extend time, (consents of all parties p. 7 of motion book), Completed on: 2001-02-14 539938 Ontario Limited
2001-02-14 Motion to extend time, to serve and file the Factum and Authorities to March 16/01 (2 copies - book form), Completed on: 2001-02-14 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895)
2001-02-09 Appeal perfected for hearing, Session beginning on 2001-04-17
2001-02-07 Respondent's book of authorities, Completed on: 2001-02-07 Tyler Derksen, a minor, by his litigation guardian William Derksen
2001-02-07 Respondent's factum, Completed on: 2001-02-07 Tyler Derksen, a minor, by his litigation guardian William Derksen
2000-12-20 Decision on motion to extend time, DeRg, to serve and file the appellants' record, factum and book of authorities to Dec. 18, 2000.
Granted, no order as to costs
2000-12-20 Submission of motion to extend time, DeRg
2000-12-15 Response to motion to extend time, (joint consent), Completed on: 2000-12-15 Tyler Derksen, a minor, by his litigation guardian William Derksen
2000-12-15 Motion to extend time, 1 copy, Completed on: 2000-12-15 539938 Ontario Limited
2000-12-15 Appellant's record, Completed on: 2000-12-19 539938 Ontario Limited
2000-12-15 Appellant's book of authorities, Completed on: 2000-12-19 539938 Ontario Limited
2000-12-15 Appellant's factum, (proof of delivery received on Dec. 18, 2000), Completed on: 2000-12-19 539938 Ontario Limited
2000-11-22 Appeal court record, (1 padded envelope)
2000-06-26 Letter acknowledging receipt of notice of appeal
2000-06-20 Notice of appeal, ($500.00 received on July 6, 2000 no. 2530) (notice of security deposit requested), Completed on: 2000-07-06 539938 Ontario Limited
2000-05-26 Notice of deposit of judgment issued to all parties
2000-05-25 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
2000-04-26 All materials on application for leave submitted to the Judges, CJ Ia Ma
1999-11-17 Letter acknowledging receipt of a complete application for leave to appeal
1999-11-05 Applicant's reply to respondent's argument, Completed on: 1999-11-05 539938 Ontario Limited
1999-10-28 Book of authorities, Completed on: 1999-10-28 Tyler Derksen, a minor, by his litigation guardian William Derksen
1999-10-28 Respondent's response on the application for leave to appeal, Completed on: 1999-10-28 Tyler Derksen, a minor, by his litigation guardian William Derksen
1999-10-28 Respondent's response on the application for leave to appeal, Completed on: 1999-10-28 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895)
1999-10-15 Book of authorities, Completed on: 1999-10-15 539938 Ontario Limited
1999-09-29 Court of Appeal casebooks and transcripts of evidence, 3 copies of the appeal book
1999-09-29 Application for leave to appeal, Completed on: 1999-09-29 539938 Ontario Limited

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
539938 Ontario Limited Appellant Active
Roy's Electric, Roy Zub, Douglas and Joyce Zub Appellant Active

v.

Main parties - Respondents
Name Role Status
Tyler Derksen, a minor, by his litigation guardian William Derksen Respondent Active
Travis Derksen, a minor, by his litigation guardian William Derksen, and the said William Dersken, and Kathy Derksen, and William Derksen (Sr.) and Justina Derksen, and Fred Irvine, and Edith Irvine Respondent Active
539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895) Respondent Active
539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (in their uninsured capacity) Respondent Active

Counsel

Party: 539938 Ontario Limited

Counsel
Names
Steven Stieber
Heleni Maroudas
Contact information
Stieber Berlach Gibbs
130 Adelaide Street West
Suite 900
Toronto, Ontario
M5H 3P5
Telephone: (416) 366-1400
FAX: (416) 366-1466
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: Roy's Electric, Roy Zub, Douglas and Joyce Zub

Counsel
Name
Steven Stieber
Contact information
Stieber Berlach Gibbs
130 Adelaide Street West
Suite 900
Toronto, Ontario
M5H 3P5
Telephone: (416) 366-1400
FAX: (416) 366-1466
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1R 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca

Party: Tyler Derksen, a minor, by his litigation guardian William Derksen

Counsel
Name
Kristopher H. Knutsen, Q.C.
Contact information
Carrell & Partners
1136 Alloy Drive
P.O. Box 638
Thunder Bay, Ontario
P7C 6M9
Telephone: (807) 346-3000
FAX: (807) 346-3600
Agent
Name
Martin W. Mason
Contact information
Gowling WLG (Canada) LLP
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Travis Derksen, a minor, by his litigation guardian William Derksen, and the said William Dersken, and Kathy Derksen, and William Derksen (Sr.) and Justina Derksen, and Fred Irvine, and Edith Irvine

Counsel
Name
Kristopher H. Knutsen, Q.C.
Contact information
Carrell & Partners
1136 Alloy Drive
P.O. Box 638
Thunder Bay, Ontario
P7C 6M9
Telephone: (807) 346-3000
FAX: (807) 346-3600
Agent
Name
Martin W. Mason
Contact information
Gowling WLG (Canada) LLP
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (with respect to Wawanesa Automobile Policy Number 3556895)

Counsel
Names
Earl A. Cherniak, Q.C.
Kirk F. Stevens
Contact information
Lerner & Associates
2400 - 130 Adelaide Street West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: 539938 Ontario Limited, Roy's Electric, Roy Zub, Douglas Zub and Joyce Zub (in their uninsured capacity)

Counsel
Name
Lawrence G. Phillips
Contact information
237 Church Street
Fort Frances, Ontario
P9A 1C7
Telephone: (807) 274-8525
FAX: (807) 274-5758
Agent
Name
David M. Attwater
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

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

September 8, 1998
Ontario Court of Justice (General Division)

894/95

See file

July 22, 1999
Court of Appeal for Ontario

CA30610

Dismissed with costs

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13