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29300

Deloitte & Touche LLP v. Ontario Securities Commission

(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)
2004-01-12 Record returned to the Registrar of the Court of Appeal
2003-12-03 Appeal closed
2003-12-03 Judgment on appeal and notice of deposit of judgment sent to all parties, Revised judgment
2003-11-19 Correspondence received from, H. Corbett dated Nov. 19, 2003 (fax copy) re: in response to Mr. McDougall's letter dated Nov. 4, 2003 Ontario Securities Commission
2003-11-04 Correspondence received from, J.L. McDougall dated Nov. 4, 2003 re: both respondent and appellant disclaimed costs in their facta Deloitte & Touche LLP
2003-11-03 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-10-31 Judgment on the appeal rendered, REVISED NOVEMBER 20, 2003, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C36759, dated June 13, 2002, heard on June 10, 2003 is dismissed.
Dismissed
2003-06-25 Transcript received, (68 pages)
2003-06-10 Judgment reserved OR rendered with reasons to follow
2003-06-10 Hearing of the appeal, 2003-06-10, (V058), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2003-06-10 Appellant's condensed book Deloitte & Touche LLP
2003-06-10 Book of authorities, (condensed book), Completed on: 2003-06-10 Attorney General of Ontario
2003-06-10 Acknowledgement and consent for video taping of proceedings
2003-06-09 Book of authorities, (condensed book), Completed on: 2003-06-09 Executive Director of the British Columbia Securities Commission
2003-06-04 Respondent's book of authorities, (Supplemental), Completed on: 2003-06-04 Ontario Securities Commission
2003-06-03 Notice of appearance, from Karen L. Collins Attorney General of Ontario
2003-06-02 Notice of appearance, for B.C. Securities Commission Executive Director of the British Columbia Securities Commission
2003-05-29 Order by, De, UPON APPLICATION by the Attorney General of Ontario and the Executive Director of the British Columbia Securities Commission for leave to intervene in the above appeal and pursuant to the order of April 28, 2003;

IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of the appeal.
Granted
2003-05-28 Notice of appearance, of the Ontario Securities Commission Ontario Securities Commission
2003-05-28 Correspondence received from, J.L. McDougall, Q.C. dated May 27/03 re: enclosing replacement pages 403 - 407 for Part V of the Appellant's Record (sent to the judges May 28/03) Deloitte & Touche LLP
2003-05-13 Book of authorities, Completed on: 2003-05-13 Attorney General of Ontario
2003-05-13 Intervener's factum, Completed on: 2003-05-13 Attorney General of Ontario
2003-05-13 Book of authorities, Completed on: 2003-05-13 Executive Director of the British Columbia Securities Commission
2003-05-13 Intervener's factum, Completed on: 2003-05-13 Executive Director of the British Columbia Securities Commission
2003-05-01 Respondent's book of authorities, Completed on: 2003-05-01 Ontario Securities Commission
2003-05-01 Respondent's factum, Completed on: 2003-05-01 Ontario Securities Commission
2003-04-28 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2003-04-28 Decision on the motion for leave to intervene, De, The motions for leave to intervene of the applicants the Attorney General of Ontario and the Executive Director of the British Columbia Securities Commission are granted and the applicants shall be entitled to serve and file each a factum not to exceed 20 pages in length.
Granted
2003-04-28 Submission of motion for leave to intervene, De
2003-04-22 Response to the motion for leave to intervene, (Letter Form), from Lang, Michener dated April 22, 2003, Completed on: 2003-04-22 Ontario Securities Commission
2003-04-17 Response to the motion for leave to intervene, (Letter Form), from Fraser, Milner dated April 16, 2003, Completed on: 2003-04-17 Deloitte & Touche LLP
2003-04-11 Motion for leave to intervene, Completed on: 2003-04-11 Executive Director of the British Columbia Securities Commission
2003-04-09 Response to the motion for leave to intervene, (Letter Form), from M. Schafler dated April 8, 2003, Completed on: 2003-04-09 Deloitte & Touche LLP
2003-04-04 Response to the motion for leave to intervene, (Letter Form), from J. Beedell dated April 4, 2003, Completed on: 2003-04-04 Ontario Securities Commission
2003-03-25 Motion for leave to intervene, book form (see order)(amended motion received on April 24, 2003), Completed on: 2003-03-25 Attorney General of Ontario
2003-03-18 Appellant's record, (vol. 1 to 4)(see order), Completed on: 2003-03-18 Deloitte & Touche LLP
2003-03-18 Appellant's book of authorities, (see order), Completed on: 2003-03-18 Deloitte & Touche LLP
2003-03-18 Appellant's factum, (see order), Completed on: 2003-03-18 Deloitte & Touche LLP
2003-03-17 Notice of hearing sent to parties
2003-03-11 Appeal perfected for hearing, Session beginning on 2003-04-07
2003-03-11 Order on motion to expedite the appeal, (BY CHIEF JUSTICE)
2003-03-11 Decision on motion to expedite the appeal, CJ, 1) The application is granted;
2) The appellant's factum, record and book of authorities shall be served and filed on or before March 18, 2003;
3) Motions for leave to intervene, if any, shall be served and filed on or before April 15, 2003;
4) The respondent's factum, record and book of authorities shall be served and filed on or before May 1, 2003; and
5) Any interveners' factums and books of authorities shall be served and filed or or before May 13, 2003.
IT IS FURTHER ORDERED THAT this appeal is scheduled to be heard on June 10, 2003.
Granted
2003-03-11 Appeal hearing scheduled, 2003-06-10
Judgment reserved
2003-03-07 Submission of motion to expedite the appeal, CJ
2003-03-06 Reply to motion to expedite the appeal, book form, Completed on: 2003-03-06 Ontario Securities Commission
2003-02-27 Response to motion to expedite the appeal, book form, Completed on: 2003-02-27 Deloitte & Touche LLP
2003-02-17 Motion to expedite the appeal, book form, Completed on: 2003-02-17 Ontario Securities Commission
2003-02-14 Correspondence received from, J. Beedell (fax) dated Feb. 14 re: will bring amotion to expedite Ontario Securities Commission
2003-01-09 Appeal court record, 1 box/boîte
2003-01-06 Notice of deposit for security Deloitte & Touche LLP
2002-12-24 Notice of appeal, Completed on: 2002-12-24 Deloitte & Touche LLP
2002-12-06 Judgment on leave sent to the parties
2002-12-05 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C36759, dated June 13, 2002, is granted.
Granted
2002-11-04 All materials on application for leave submitted to the Judges, Ia Bi LeB
2002-10-10 Order by, LeB
2002-10-10 Decision on motion to expedite the application for leave to appeal, LeB,
UPON APPLICATION by the respondent Ontario Securities Commission for an order expediting the determination of the application for leave to appeal;

AND HAVING READ the material filed ;

IT IS HEREBY ORDERED THAT:

Given the urgency of the matter, the application for leave to appeal be referred to the Court as soon as possible and decided on an expedited basis.
Granted
2002-10-10 Submission of motion to expedite the application for leave to appeal, LeB
2002-10-01 Response to the motion to expedite the application for leave to appeal, (Letter Form), from Fraser, Milner dated Sept. 24, 2002 (fax copy) re: does not take any position with respect to the motion to expedite (included in motion), Completed on: 2002-10-01 Deloitte & Touche LLP
2002-10-01 Motion to expedite the application for leave to appeal, book form, Completed on: 2002-10-01 Ontario Securities Commission
2002-09-26 Applicant's reply to respondent's argument, Completed on: 2002-09-26 Deloitte & Touche LLP
2002-09-23 Correspondence received from, J. Beedell dated Sept. 20/02 re: enclosing revised pages in the Response book with service Ontario Securities Commission
2002-09-16 Respondent's response on the application for leave to appeal, (3 pages replaced Sept. 23/02 with service), Completed on: 2002-09-16 Ontario Securities Commission
2002-08-30 Letter acknowledging receipt of a complete application for leave to appeal
2002-08-15 Book of authorities Deloitte & Touche LLP
2002-08-15 Application for leave to appeal, Completed on: 2002-08-30 Deloitte & Touche LLP

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
Deloitte & Touche LLP Appellant Active

v.

Main parties - Respondents
Name Role Status
Ontario Securities Commission Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Executive Director of the British Columbia Securities Commission Intervener Active

Counsel

Party: Deloitte & Touche LLP

Counsel
Names
J.L. McDougall, Q.C.
Randall S. Bennett
Norman J. Emblem
Contact information
Fraser Milner Casgrain LLP
1 First Canadian Place
P.O. Box 100
Toronto, Ontario
M5X 1B2
Telephone: (416) 863-4624
FAX: (416) 863-4592
Email: john.lorn.mcdougall@frasermilner.com
Agent
Name
Catherine P. Coulter
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: catherine.coulter@fmc-law.com

Party: Ontario Securities Commission

Counsel
Names
Hugh Corbett
Karen Manarin
Contact information
Ontario Securities Commission
P.O. Box 19th Street
20 Queen Street
Toronto, Ontario
M5H 3S8
Telephone: (416) 593-8074
FAX: (416) 593-2319
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: Attorney General of Ontario

Counsel
Names
Sara Blake
Richard Coutinho
Contact information
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4155
FAX: (416) 326-4181
Email: sara.blake@jus.gov.on.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Executive Director of the British Columbia Securities Commission

Counsel
Names
James A. Angus
Kristine M. Mactaggart
Contact information
British Columbia Securities Commission
P.O. Box 10142, Pacific Centre
5th Floor, 701 West Georgia Street
Vancouver, British Columbia
V7Y 1L2
Telephone: (604) 899-6625
FAX: (604) 899-6633
Email: sangus@bcsc.bc.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

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

April 12, 2001
Ontario Superior Court of Justice

731/00

Appellant's appeal allowed

June 13, 2002
Court of Appeal for Ontario

C36759

Respondent's appeal allowed

July 31, 2002
Court of Appeal for Ontario

M28838

stayed pending determination of the application for leave to appeal to S.C.

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