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28469

The Corporation of the City of Ottawa v. Ken Goudie, 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)
2006-12-12 Payment out cheque issued, ($569.87)
2006-11-27 Approved order for payment out, (sent to Finance Nov. 27/06)
2006-11-24 Correspondence received from, Lang Michener dated Nov. 24/06 re: enclosing an order for payment out with consent The Corporation of the City of Ottawa
2003-07-28 Certificate of taxation issued to, E. Binavince
2003-07-24 Decision on the bill of costs, taxed at the amount of $4,486.67, Reg, In its judgment rendered on March 20, 2003, the Court awarded costs the respondents who filed their Bill of Costs on April 10, 2003. The appellant filed its objections on April 21, 2003. Having reviewed the arguments advanced by the parties and the litigious items, I am taxing the costs as follows:


- Preparation of factum (Tariff of Fees, Part I, item 3(d)(i)): The Tariff provides that the amount of $425 for the preparation of a factum "is subject to increase, in special cases, at the discretion of the Registrar." The respondents argue that the present case is a special case in view of the lengthy allegations of the appellant covering events over a period of ten years. However, the Court awarded party and party costs. The registrar must exercise her discretion within the bounds set by the Tariff of Fees, however inadequate they may appear. The amount claimed by the respondents cannot be accepted in this context.


- Hearing of the appeal (Tariff of Fees, Part I, item 3(g)): the same reasoning applies and the amounts applicable are those provided for in the Tariff of Fees: $1,800 for attendance at the hearing and $600 for the junior counsel.

Disbursements: The amount claimed for Quicklaw ($570) is disallowed as searches are part of the preparation of a file and are already covered under preparation of factum.


The Bill of Costs is taxed accordingly.

Allowed in part
2003-06-23 Submission of the bill of costs, Reg
2003-04-23 Record returned to the Registrar of the Court of Appeal
2003-04-22 Response to the bill of costs, Completed on: 2003-04-22 The Corporation of the City of Ottawa
2003-04-11 Bill of costs, (receipts requested - received on May 26, 2003)), Completed on: 2003-04-11 Ken Goudie
2003-03-31 Appeal closed
2003-03-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-03-20 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal for Ontario, Number C34365, dated January 18, 2001, heard on December 10, 2002 is dismissed with costs to the respondents.
Dismissed, with costs
2002-12-27 Transcript received
2002-12-10 Acknowledgement and consent for video taping of proceedings
2002-12-10 Appellant's condensed book The Corporation of the City of Ottawa
2002-12-10 Judgment reserved OR rendered with reasons to follow
2002-12-10 Hearing of the appeal, 2002-12-10, (V082), CJ Ia Ma Ba Bi Arb LeB
Judgment reserved
2002-11-26 Notice of appearance, of Eugene Meehan and Stuart Huxley, dated Nov. 26, by fax. The Corporation of the City of Ottawa
2002-09-09 Appeal hearing scheduled, 2002-12-10
Judgment reserved
2002-08-16 Notice of hearing The Corporation of the City of Ottawa
2002-05-09 Decision on motion to extend time, Reg, to serve and file the respondents' factum, record and book of authorities to April 26, 2002.
Granted
2002-05-09 Submission of motion to extend time, Reg
2002-04-26 Motion to extend time, to file the factum, record and authorities to April 26, 2002 - book form, Completed on: 2002-04-26 Ken Goudie
2002-04-26 Respondent's record, Completed on: 2002-04-26 Ken Goudie
2002-04-26 Respondent's book of authorities, Completed on: 2002-04-26 Ken Goudie
2002-04-26 Respondent's factum, Completed on: 2002-04-26 Ken Goudie
2002-04-02 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-02-05 Appellant's book of authorities, Completed on: 2002-02-05 The Corporation of the City of Ottawa
2002-02-05 Appellant's record, Completed on: 2002-02-05 The Corporation of the City of Ottawa
2002-02-05 Appellant's factum, Completed on: 2002-02-05 The Corporation of the City of Ottawa
2001-11-23 Appeal court record, 1 small box
2001-10-10 Order granting leave to appeal
2001-10-09 Notice of deposit for security The Corporation of the City of Ottawa
2001-10-05 Notice of appeal, Completed on: 2001-10-05 The Corporation of the City of Ottawa
2001-09-18 Notice of change of solicitor, (Letter Form), letter from Eugene Meehan, Q.C. dated Sept. 18/01 re: is counsel for the Appellant City of Ottawa The Corporation of the City of Ottawa
2001-09-12 Correspondence (sent by the Court) to, all parties re: tentative scheduling dates
2001-09-07 Notice of deposit of judgment issued to all parties
2001-09-06 Judgment of the Court on the application for leave to appeal
Granted, with costs to the applicant(s) in any event of the cause
2001-06-25 All materials on application for leave submitted to the Judges, G Ma Bi
2001-04-26 Letter acknowledging receipt of a complete application for leave to appeal
2001-04-10 Applicant's reply to respondent's argument, Completed on: 2001-04-10 The Corporation of the City of Ottawa
2001-04-02 Respondent's response on the application for leave to appeal, Completed on: 2001-04-02 Ken Goudie
2001-03-19 Application for leave to appeal, Completed on: 2001-03-19 The Corporation of the City of Ottawa

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
The Corporation of the City of Ottawa Appellant Active

v.

Main parties - Respondents
Name Role Status
Goudie, Ken Respondent Active
Ron Labonté, Lloyd Laframboise, Conrad Lirette and Rémi Séguin Respondent Active

Counsel

Party: The Corporation of the City of Ottawa

Counsel
Names
Eugene Meehan, Q.C.
Stuart Huxley
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Goudie, Ken

Counsel
Names
Emilio S. Binavince
Helen Lanctôt
Contact information
Binavince & Associates
116 Lisgar Street
6th Floor
Ottawa, Ontario
K2P 0C2
Telephone: (613) 236-2199
FAX: (613) 236-3136
Agent
Name
John E. Smith
Contact information
Binavince & Associates
500 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-2199
FAX: (613) 236-3136

Party: Ron Labonté, Lloyd Laframboise, Conrad Lirette and Rémi Séguin

Counsel
Name
Emilio S. Binavince
Contact information
Binavince & Associates
116 Lisgar Street
6th Floor
Ottawa, Ontario
K2P 0C2
Telephone: (613) 236-2199
FAX: (613) 236-3136
Agent
Name
John E. Smith
Contact information
Binavince & Associates
500 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-2199
FAX: (613) 236-3136

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

May 5, 2000
Ontario Superior Court of Justice

16739/90

Applicant's motion for an Order dismissing action allowed; Respondent's action for damages for loss of salary and benefits dismissed

January 18, 2001
Court of Appeal for Ontario

C34365

Respondent's 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

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

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Date modified: 2025-05-13