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.
28739
The Estate of Claude John, et al. v. Eaton Yale Ltd., 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) |
|---|---|---|
| 2004-08-27 | Close file on Leave | |
| 2004-03-19 | Certificate of taxation issued to, C. Mathias of Fraser, Milner | |
| 2004-03-18 | Decision on the bill of costs, taxed at the amount of $1,526.46, Reg | |
| 2004-03-17 | Submission of the bill of costs, Reg | |
| 2004-03-15 | Correspondence received from, C. Mathias dated March 15, 2004 (fax copy) re: bill of costs (invoices) | Eaton Yale Ltd. |
| 2004-02-20 | Response to the bill of costs, (Letter Form), from V. Bulger dated Feb. 19, 2004 (fax copy)(original received on Feb. 23, 2004), Completed on: 2004-02-20 | Shawn Flynn |
| 2004-02-18 | Bill of costs, 1 copy, Completed on: 2004-02-18 | Eaton Yale Ltd. |
| 2002-06-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2002-05-09 | Copy of formal judgment on leave being prepared | |
| 2002-05-03 | Notice of deposit of judgment issued to all parties | |
| 2002-05-02 |
Judgment of the Court on the application for leave to appeal, The applications for leave to apeal are dismissed with costs Dismissed, with costs |
|
| 2002-04-08 | All materials on application for leave submitted to the Judges, G Ma LeB | |
| 2002-04-03 | Correspondence received from, C.D. Mathias dated Apr. 3/02 (by fax) re: leave application | Eaton Yale Ltd. |
| 2002-01-18 | Correspondence received from, Barbara Legate (by fax) dated Jan. 18/02 re order has been approved for issuance | The Estate of Claude John |
| 2002-01-15 | Correspondence received from, Carlton D. Mathias (by fax) dated Jan. 14/02 re applications for leave still incomplete | Eaton Yale Ltd. |
| 2001-12-20 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-10-25 | Respondent's response on the application for leave to appeal, (to Shawn Flynn's application), Completed on: 2001-10-25 | Eaton Yale Ltd. |
| 2001-10-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-10-18 | Correspondence received from, Barbara Legate (by fax) dated Oct. 18/01 to inform the Court that Claude John died on Oct. 14/01and is replaced by the Estate of Claude John | The Estate of Claude John |
| 2001-09-27 | Applicant's reply to respondent's argument, Completed on: 2001-09-27 | The Estate of Claude John |
| 2001-09-25 | Correspondence received from, Victor T. Bulger dated September 21/01 to explain the nature of Mr. Flynn's application for leave | Shawn Flynn |
| 2001-09-25 | Application for leave to appeal, (SECOND application) (C/A order missing)(formal order of C.A. received Feb. 28, 2002), Completed on: 2002-02-28 | Shawn Flynn |
| 2001-09-24 | Correspondence received from, Lang Michener dated Sept. 24/01 re: tab 2C of the application for live | The Estate of Claude John |
| 2001-09-17 | Book of authorities, Completed on: 2001-09-17 | Eaton Yale Ltd. |
| 2001-09-17 | Respondent's response on the application for leave to appeal, (to Claude John's application), Completed on: 2001-09-17 | Eaton Yale Ltd. |
| 2001-09-13 | Correspondence received from, Barbara Legate (by fax) dated Sept. 4/01 re: substitution in Tab 2C and Tab 1 of the aplication for leave | The Estate of Claude John |
| 2001-08-16 | Application for leave to appeal, Vol. I & II (C/A order missing) (FIRST application) (photocopy of original judgment included in respondent's response)(formal order of C.A. received Feb. 28, 2002), Completed on: 2002-02-28 | The Estate of Claude John |
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 |
|---|---|---|
| The Estate of Claude John | Applicant | Active |
| John, Rose | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Eaton Yale Ltd. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Flynn, Shawn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Eaton Yale Ltd. | Respondent | Active |
Counsel
Party: The Estate of Claude John
Counsel
700-171 Queens Ave.
London, Ontario
N6A 5J7
Telephone: (519) 672-1953
FAX: (519) 672-6689
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: John, Rose
Counsel
700-171 Queens Ave.
London, Ontario
N6A 5J7
Telephone: (519) 672-1953
FAX: (519) 672-6689
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Flynn, Shawn
Counsel
Victor T. Bulger
900-330 Bay Street
Toronto, Ontario
M5H 2S8
Telephone: (416) 365-6300
FAX: (416) 368-7965
Party: Eaton Yale Ltd.
Counsel
1 First Canadian Place
P.O. Box 100
Toronto, Ontario
M5X 1B2
Telephone: (416) 863-4684
FAX: (416) 863-4592
Agent
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
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
Ontario Superior Court of Justice
29928F/99
Order awarding applicants, Claude and Rose John, damages in the amount of $620,052.88; jury apportioned 70 percent laibility as against the applicant, Flynn, and 30 per cent as against the respondent Eaton Yale.
Court of Appeal for Ontario
C33677
Appeal brought by Eaton Yale allowed; cross-appeal brought by Claude and Rose John dismissed
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
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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
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