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.
28745
Insurance Corporation of British Columbia v. Unifund Assurance Company
(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) |
|---|---|---|
| 2005-11-29 | Payment out cheque issued, ($547.04) | |
| 2005-11-10 | Approved order for payment out, on consent (sent to Finance Nov. 14/05) | |
| 2003-07-24 | Appeal closed | |
| 2003-07-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-07-17 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C35074, dated May 22, 2001, heard on December 12, 2002 is allowed with costs throughout, and the respondent's application is dismissed, Major, Bastarache and Deschamps JJ. dissenting. The constitutional question is answered as follows: Q. Is section 275 of the Insurance Act, R.S.O. 1990, c. I.8, as amended, constitutionally inapplicable to the appellant because its application in the circumstances of this case would not accord with territorial limits on provincial jurisdiction? A. Yes. Major, Bastarache and Deschamps JJ. would answer no.q Allowed, with costs |
|
| 2003-01-09 | Transcript received, (73 pp.) | |
| 2002-12-12 | Acknowledgement and consent for video taping of proceedings | |
| 2002-12-12 | Appellant's condensed book | Insurance Corporation of British Columbia |
| 2002-12-12 | Judgment reserved OR rendered with reasons to follow | |
| 2002-12-12 |
Hearing of the appeal, 2002-12-12, CJ Ia Ma Ba Bi LeB De Judgment reserved |
|
| 2002-12-02 | Appellant's book of authorities, (suppl.), Completed on: 2002-12-02 | Insurance Corporation of British Columbia |
| 2002-11-29 | Notice of appearance, (Letter Form), of Avon Mersey, Alan D'Silva, Michael Sobkin, and Sophie Vlahakis, dated Nov. 29, by fax. | Insurance Corporation of British Columbia |
| 2002-11-28 | Respondent's book of authorities, (Supplementary with consent / supplémentaire avec consentement), Completed on: 2002-11-28 | Unifund Assurance Company |
| 2002-09-09 |
Appeal hearing scheduled, 2002-12-12 Judgment reserved |
|
| 2002-08-30 | Notice of constitutional question(s) | Insurance Corporation of British Columbia |
| 2002-08-30 | Order on motion to directions | |
| 2002-08-27 |
Decision on motion for directions, CJ, on behalf of the appellant for an order providing directions as to whether a constitutional question should be stated and upon reading the pleadings and proceedings herein the following question will be stated: 1. Is section 275 of the Insurance Act, R.S.O. 1990, c. I.8, as amended, constitutionally inapplicable to the appellant because its application in the circumstances of this case would not accord with territorial limits on provincial jurisdiction? Notices of intervention should be filed on or before September 30, 2002. Granted |
|
| 2002-08-16 | Notice of hearing | Insurance Corporation of British Columbia |
| 2002-07-04 | Submission of motion for directions, CJ | |
| 2002-07-04 | Reply to motion for directions, (Letter Form), from A. Mersey dated July 3/02 (by fax), Completed on: 2002-07-04 | Insurance Corporation of British Columbia |
| 2002-06-21 | Correspondence received from, L. Price dated June 21, 2002 (fax copy) re: proposed constitutional question | Unifund Assurance Company |
| 2002-06-18 | Order on motion to extend time | |
| 2002-06-05 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to May 28/02, Reg Granted |
|
| 2002-06-05 | Submission of motion to extend time, Reg | |
| 2002-06-03 | Response to motion to extend time, (Letter Form), A. Mersey dated May 30/02, Completed on: 2002-06-03 | Insurance Corporation of British Columbia |
| 2002-05-28 | Respondent's book of authorities, Completed on: 2002-05-28 | Unifund Assurance Company |
| 2002-05-28 | Respondent's factum, Completed on: 2002-05-28 | Unifund Assurance Company |
| 2002-05-28 | Motion to extend time, to serve and file the Factum and Book of Authorities to May 28/02 (3 copies), Completed on: 2002-05-28 | Unifund Assurance Company |
| 2002-05-22 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-05-13 | Motion for directions, pursuant to Rule 32 (book form), Completed on: 2002-05-13 | Insurance Corporation of British Columbia |
| 2002-03-27 | Appellant's book of authorities, Completed on: 2002-03-27 | Insurance Corporation of British Columbia |
| 2002-03-27 | Appellant's factum, Completed on: 2002-03-27 | Insurance Corporation of British Columbia |
| 2002-03-25 | Appellant's record, Vol. I to IV, Completed on: 2002-03-25 | Insurance Corporation of British Columbia |
| 2002-03-18 | Order on motion to directions, (JOINT ORDER BY BASTARACHE J.) | |
| 2002-03-18 |
Decision on the motion for a stay of execution, Ba, (SEE DECISION ON THE MOTION FOR DIRECTIONS) Granted |
|
| 2002-03-18 |
Decision on motion for directions, Ba, 1. The respondent's motion for directions is dismissed. 2. The appellant's motion for a stay of proceedings is granted. All proceedings before the lower courts with respect to this matter are stayed pending this Court's determination of the appeal. There shall be no order as to costs on either motion. Dismissed |
|
| 2002-03-18 | Submission of motion for a stay of execution, Ba | |
| 2002-03-18 | Submission of motion for directions, Ba | |
| 2002-03-11 | Reply to motion for a stay of execution, (book form), Completed on: 2002-03-11 | Insurance Corporation of British Columbia |
| 2002-03-07 | Respondent's book of authorities, re: motion to stay - 5 copies, Completed on: 2002-03-07 | Unifund Assurance Company |
| 2002-03-07 | Response to the motion for a stay of execution, (joint) - book form, Completed on: 2002-03-07 | Unifund Assurance Company |
| 2002-03-07 | Reply to motion for directions, (joint with response to the motion for stay) - book form, Completed on: 2002-03-07 | Unifund Assurance Company |
| 2002-02-28 | Response to motion for directions, (joint), Completed on: 2002-02-28 | Insurance Corporation of British Columbia |
| 2002-02-28 | Motion for a stay of execution, (book form)(joint with response to the motion for directions) - 5 copies, Completed on: 2002-02-28 | Insurance Corporation of British Columbia |
| 2002-02-25 | Respondent's book of authorities, 5 copies re: motion, Completed on: 2002-02-25 | Unifund Assurance Company |
| 2002-02-25 | Motion for directions, book form, Completed on: 2002-02-25 | Unifund Assurance Company |
| 2001-11-28 | Order granting leave to appeal | |
| 2001-11-27 | Notice of deposit for security | Insurance Corporation of British Columbia |
| 2001-11-27 | Notice of appeal, Completed on: 2001-11-29 | Insurance Corporation of British Columbia |
| 2001-11-14 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date | |
| 2001-11-09 | Notice of deposit of judgment issued to all parties | |
| 2001-11-08 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-10-09 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2001-09-21 | Applicant's reply to respondent's argument, Completed on: 2001-09-21 | Insurance Corporation of British Columbia |
| 2001-09-14 | Respondent's response on the application for leave to appeal, Completed on: 2001-09-14 | Unifund Assurance Company |
| 2001-08-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-08-20 | Application for leave to appeal, A/C Order missing - filed Aug. 29/01, Completed on: 2001-08-29 | Insurance Corporation of British Columbia |
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 |
|---|---|---|
| Insurance Corporation of British Columbia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Unifund Assurance Company | Respondent | Active |
Counsel
Party: Insurance Corporation of British Columbia
Counsel
Alan L.W. D'Silva
Michael Sobkin
Sophie Vlahakis
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Unifund Assurance Company
Counsel
Gerald George
Suite 4400, P. O. Box 95, Royal Trust Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1G8
Telephone: (416) 864-9700
FAX: (416) 941-8852
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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
00-CV-187076
Appellant's motion for a stay of Respondent's application seeking appointment of an arbitrator, granted
Court of Appeal for Ontario
C35074
Appeal allowed: matter referred back to application judge in order to appoint an arbitrator under s. 10 of the Arbitration Act
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
Related links
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
Related links
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