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.
29465
David Cloutier, et al. v. Zesta Engineering 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) |
|---|---|---|
| 2003-06-30 | Close file on Leave | |
| 2003-06-20 | Judgment on leave sent to the parties | |
| 2003-06-19 |
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 C35856, dated October 3, 2002, is dismissed with costs. Dismissed, with costs |
|
| 2003-05-26 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2003-05-02 | Correspondence (sent by the Court) to, D. Harris from the Registrar re: returning reply filed Dec. 19/02 | |
| 2003-03-21 | Correspondence received from, J. L. Wall re: enclosing two C/A Orders | Zesta Engineering Ltd. |
| 2003-03-04 | Correspondence received from, N. Grosman dated March 3, 2003 (fax copy) re: supports the application filed by Mr. Harris on behalf of Cloutier | Guisseppe Durante, Keith Sanger, James White |
| 2003-01-27 | Notice of change of solicitor, from D. Harris to Grosman | Guisseppe Durante, Keith Sanger, James White |
| 2003-01-13 | Order on motion to strike out | |
| 2003-01-10 |
Decision on motion to strike out, G, The motion is granted as follows: Seeing sec. 58(1)(a) and rules 25(1)(b) and 28, the affidavit of William J. Meyer was filed out of time and improperly without authorization. It is therefore ordered that the said affidavit sworn November 13, 2002 be struck from the record. Granted |
|
| 2003-01-10 | Submission of motion to strike out, G | |
| 2003-01-07 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-12-30 | Response to motion to strike out, 6 copies - book form/format livre, Completed on: 2002-12-30 | David Cloutier |
| 2002-12-24 | Correspondence received from, J. Wall dated/datée 23-12-02 (fax copy/télécopieur) re: opposes to an extension of time/s'oppose à une prorogation de délai | Zesta Engineering Ltd. |
| 2002-12-23 | Correspondence received from, D. Harris dated/datée 23-12-02 (fax copy/télécopieur) re: requesting an extension to file a response to the motion to Jan. 10, 2003 (not applicable)/prorogation demandée pour produite la réponse à la requête au 10-01-02 - non applicable | David Cloutier |
| 2002-12-23 | Motion to strike out, the affidavit of W. Meyer in the applicant's reply/pour radier l'affidavit de W. Meyer inclus dans la réplique - book form/format livre, Completed on: 2002-12-23 | Zesta Engineering Ltd. |
| 2002-12-19 | Applicant's reply to respondent's argument, (RETURNED MAY 2/03), Completed on: 2002-12-19 | David Cloutier |
| 2002-12-13 | Respondent's response on the application for leave to appeal, Completed on: 2002-12-13 | Zesta Engineering Ltd. |
| 2002-11-15 | Notice of change of solicitor, (from/de D. Christie to/à D. Harris | David Cloutier |
| 2002-11-15 | Application for leave to appeal, (vol. 1 and 2), Completed on: 2003-03-21 | David Cloutier |
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 |
|---|---|---|
| Cloutier, David | Applicant | Active |
| Guisseppe Durante, Keith Sanger, James White | Applicant | Active |
| Kelvin Technologies Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zesta Engineering Ltd. | Respondent | Active |
| Vincent Eastman, Ruth Eastman, Marcel Jones and Donald Stephen Lock | Respondent | Active |
Counsel
Party: Cloutier, David
Counsel
Toronto, Ontario
M5R 1G2
Telephone: (416) 921-2771
FAX: (416) 921-3662
Party: Guisseppe Durante, Keith Sanger, James White
Counsel
111 Richmond Street W.
Suite 800
Toronto, Ontario
M5H 2H5
Telephone: (416) 364-9599 Ext: 228
FAX: (416) 364-2490
Party: Kelvin Technologies Inc.
Counsel
Toronto, Ontario
M5R 1G2
Telephone: (416) 921-2771
FAX: (416) 921-3662
Party: Zesta Engineering Ltd.
Counsel
Jacqueline L. Wall
Scotia Plaza
2100 - 40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5784
FAX: (416) 350-6903
Email: tpinos@casselsbrock.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Vincent Eastman, Ruth Eastman, Marcel Jones and Donald Stephen Lock
Counsel
Scotia Plaza
2100 - 40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5784
FAX: (416) 350-6903
Email: tpinos@casselsbrock.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
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Lower court rulings
Ontario Superior Court of Justice
00-CV-1888172CM
Damages for wrongful dismissal awarded to David Cloutier and Guisseppe Durante; Kelvin Technologies Inc. awarded damages; Damages for wrongful taking of commissions awarded to Zesta Engineering Ltd. offset against wrongful dismissal award David....
Court of Appeal for Ontario
C35856
Fresh evidence admitted; appeal allowed; trail judgment set aside and new trial ordered
Memorandums of argument on application for leave to appeal
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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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