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Case information

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28224

Bank of Montreal v. Korico Enterprises Limited, 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)
2001-05-25 Close file on Leave
2001-05-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2001-05-07 Copy of formal judgment on leave being prepared
2001-05-04 Notice of deposit of judgment issued to all parties
2001-05-03 Judgment of the Court on the application for leave to appeal
Dismissed, costs on a party and party basis
2001-04-02 All materials on application for leave submitted to the Judges, G Ma Bi
2001-01-29 Correspondence received from, M. Hartman dated Jan. 23, 2001 re: decision in Bank of Montreal v. Korico Enterprises Ltd has now been reported as follows: (2000), 50 O.R. (3nd) 520 (Ont. C.A.) Bank of Montreal
2001-01-26 Correspondence received from, Mr. Hawa dated Jan. 26/01 with new phone/fax number (416) 252- 5190 Korico Enterprises Limited
2001-01-12 Correspondence received from, Lang, Michener (fax copy) re: name of counsel Canadian Bankers Association
2001-01-12 Decision on motion for leave to intervene, Ba, by the CANADIAN BANKERS ASSOCIATION.
Dismissed, no order as to costs
2001-01-12 Submission of motion for leave to intervene, Ba
2000-12-22 Motion for leave to intervene, (book form), Completed on: 2000-12-29 Canadian Bankers Association
2000-12-20 Applicant's reply to respondent's argument, Completed on: 2000-12-20 Bank of Montreal
2000-12-18 Respondent's response on the application for leave to appeal, Completed on: 2000-12-18 Korico Enterprises Limited
2000-11-30 Letter acknowledging receipt of an incomplete application for leave to appeal
2000-11-21 Application for leave to appeal, (C/A Order missing - filed Dec. 18/00), Completed on: 2000-12-18 Bank of Montreal
2000-11-15 Order on motion to extend the time to file and/or serve the leave application
2000-11-15 Decision on motion to extend time to file and /or serve the leave application, Ba, to Nov. 21, 2000.
Granted, no order as to costs
2000-11-15 Submission of motion to extend time to file and/ or serve the leave application, Ba
2000-11-07 Response to the motion to extend the time to file and / or serve the leave application, (included in motion book), Completed on: 2000-11-07 Korico Enterprises Limited
2000-11-07 Motion to extend the time to file and or serve the application for leave to appeal, to November 21, 2000 (bookform), Completed on: 2000-11-07 Bank of Montreal

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
Bank of Montreal Applicant Active

v.

Main parties - Respondents
Name Role Status
Korico Enterprises Limited Respondent Active
Issam Awad, Wadih Khoury, Claude Awad and Silva Khoury Respondent Active

Counsel

Party: Bank of Montreal

Counsel
Mark Hartman
George Benchetrit
Chaiton & Chaiton
185 Shepard Avenue West
Toronto, Ontario
M2N 1M9
Telephone: (416) 222-8888
FAX: (416) 222-5455
Agent
Eugene Meehan, Q.C.
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Korico Enterprises Limited

Counsel
Frederick Simon Hawa
20 Bay Street
Suite 1200
Toronto, Ontario
M5J 2N8
Telephone: (416) 252-5190
FAX: (416) 252-5190
Email: fredhawa@sympatico.ca

Party: Issam Awad, Wadih Khoury, Claude Awad and Silva Khoury

Counsel
Frederick Simon Hawa
20 Bay Street
Suite 1200
Toronto, Ontario
M5J 2N8
Telephone: (416) 252-5190
FAX: (416) 252-5190
Email: fredhawa@sympatico.ca

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

October 12, 1999
Ontario Superior Court of Justice

93633/98

See file.

September 8, 2000
Court of Appeal for Ontario

C33169

The appeal is allowed and the bank's motion is dismissed. The appellants are entitled to their costs of the appeal and the motion.

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