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.
29355
New Solutions Financial Corporation v. Transport North American Express Inc.
(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) |
|---|---|---|
| 2004-02-19 | Appeal closed | |
| 2004-02-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-02-12 |
Judgment on the appeal rendered, Ia Ma Ba Arb LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C36517, dated June 17, 2002, heard on October 16, 2003 is allowed, the order of the Court of Appeal is set aside and the order of Cullity J. is restored, with costs to the appellant in this Court and in the Court of Appeal, Bastarache, Deschamps and Fish JJ. dissenting. Allowed, costs in this Court and in the Court of Appeal |
|
| 2003-12-09 | Certificate of taxation issued to, E. Hoffstein (Fraser, Milner) | |
| 2003-12-05 | Decision on the bill of costs, taxed at the amount of $1,508.07, Reg | |
| 2003-12-05 | Submission of the bill of costs, Reg | |
| 2003-11-13 | Bill of costs, (fax copy) re: on leave, Completed on: 2003-12-02 | New Solutions Financial Corporation |
| 2003-10-31 | Transcript received, (43 pages) | |
| 2003-10-16 | Judgment reserved OR rendered with reasons to follow | |
| 2003-10-16 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2003-10-16 |
Hearing of the appeal, 2003-10-16, Ia Ma Ba Arb LeB De F Judgment reserved |
|
| 2003-09-25 |
Judgment of the Court on the application for leave to cross-appeal, The application for an extension of time to file the application to cross-appeal is granted and the application for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Number C36517, dated June 17, 2002, is dismissed with costs. Dismissed, with costs |
|
| 2003-09-25 |
Decision on motion to extend time, (Granted) Granted |
|
| 2003-09-02 | Order on motion to extend time, (BY BASTARACHE J.) | |
| 2003-09-02 |
Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to Aug. 13/03 and be permitted to present oral argument., Ba Granted |
|
| 2003-08-29 | Submission of motion to extend time, Ba | |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 |
Appeal hearing scheduled, 2003-10-16 Judgment reserved |
|
| 2003-08-21 | Response to motion to extend time, Completed on: 2003-08-21 | New Solutions Financial Corporation |
| 2003-08-21 | Motion to extend time, to serve and file the respondent's factum, record and book of authorities to Aug. 13/03 and be permitted to present oral argument., Completed on: 2003-08-21 | Transport North American Express Inc. |
| 2003-08-12 | Respondent's book of authorities, Incomplete | Transport North American Express Inc. |
| 2003-08-12 | Respondent's record, Incomplete | Transport North American Express Inc. |
| 2003-08-12 | Respondent's factum, (Motion for extention of time for filing of the Factum, Record and Authorities requested), Incomplete | Transport North American Express Inc. |
| 2003-08-11 | Appeal perfected for hearing | |
| 2003-07-28 | Submission of motion to extend time, re: cross-appeal, G Ma Arb | |
| 2003-07-28 | All material on the application for leave to cross-appeal submitted to the Judges, G Ma Arb | |
| 2003-07-16 | Book of authorities, re: response on cross-appeal | New Solutions Financial Corporation |
| 2003-07-16 | Memorandum of argument in response to the cross-appeal, Completed on: 2003-07-16 | New Solutions Financial Corporation |
| 2003-07-11 | Correspondence received from, P.J. Cavanagh dated July 10/03 re: confirming Tab 5 of the record and pages 2 and 3 of the factum were replaced and served) | New Solutions Financial Corporation |
| 2003-06-25 | Motion to extend time, to file and serve the application for cross-appeal to June 25, 2003 (Rule 29)(book form)(to be referred with cross-appeal)(3 more copies received on July 11, 2003), Completed on: 2003-06-25 | Transport North American Express Inc. |
| 2003-06-25 | Book of authorities, (Cross-Appeal) | Transport North American Express Inc. |
| 2003-06-25 | Application for leave to cross-appeal, (Pursuant to Rule 29), Completed on: 2003-07-03 | Transport North American Express Inc. |
| 2003-06-17 | Notice of change of counsel, from P. Daigle to R. Ackerman | Transport North American Express Inc. |
| 2003-06-16 | Appellant's book of authorities, Completed on: 2003-06-16 | New Solutions Financial Corporation |
| 2003-06-16 | Appellant's record, (C/A reasons not signed - replaced July 9/03 with service), Completed on: 2003-07-09 | New Solutions Financial Corporation |
| 2003-06-16 | Appellant's factum, (replaced pages 2 and 3 on July 11/03 with service ), Completed on: 2003-06-16 | New Solutions Financial Corporation |
| 2003-06-16 | Notice of change of counsel, from Chambers & D'Alimonte to Fraser, Milner | New Solutions Financial Corporation |
| 2003-04-01 | Notice of deposit for security | New Solutions Financial Corporation |
| 2003-03-24 | Notice of appeal, Completed on: 2003-04-24 | New Solutions Financial Corporation |
| 2003-03-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-02-21 | Judgment on leave sent to the parties | |
| 2003-02-20 |
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 C36517, dated June 17, 2002, is granted with costs. Granted, with costs |
|
| 2003-01-13 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2002-11-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-10-16 | Respondent's response on the application for leave to appeal, Completed on: 2002-10-16 | Transport North American Express Inc. |
| 2002-09-18 | Correspondence received from, Fax Form 14 | New Solutions Financial Corporation |
| 2002-09-16 | Application for leave to appeal, (CA order filed Nov. 12), Completed on: 2002-11-12 | New Solutions Financial Corporation |
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 |
|---|---|---|
| New Solutions Financial Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Transport North American Express Inc. | Respondent | Active |
Counsel
Party: New Solutions Financial Corporation
Counsel
1 First Canadian Place
P.O. Box 100
Toronto, Ontario
M5X 1B2
Telephone: (416) 863-4459
FAX: (416) 863-4592
Email: peter.cavanagh@fmc-law.com
Agent
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: catherine.coulter@fmc-law.com
Party: Transport North American Express Inc.
Counsel
500 Danforth Avenue
Suite 305
Toronto, Ontario
M4K 1P6
Telephone: (416) 405-8886
FAX: (416) 405-8887
Email: ralaw@on.aibn.com
Agent
81 Metcalfe Street
6th Floor
Ottawa, Ontario
K1P 6K7
Telephone: (613) 233-4474
FAX: (613) 233-8868
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
01-CV-208322
Rate of interest in the agreement between the parties contravenes section 347(1)(a) of the Criminal Code; Appellant entitled to enforce payments except that monthly interest rate changed to reduce effective annual interest rate for s. 347 to 60%
Court of Appeal for Ontario
C36517
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
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