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.
29606
Davis Moving & Storage Inc., carrying on business as Kennedy Moving Systems v. Stuart Solway, 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) |
|---|---|---|
| 2003-06-06 | Close file on Leave | |
| 2003-05-30 | Judgment on leave sent to the parties | |
| 2003-05-29 |
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 C37568, dated December 12, 2002, is dismissed with costs. Dismissed, with costs |
|
| 2003-05-05 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2003-03-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2003-03-13 | Applicant's reply to respondent's argument, Completed on: 2003-03-13 | Davis Moving & Storage Inc., carrying on business as Kennedy Moving Systems |
| 2003-03-05 | Respondent's response on the application for leave to appeal, Completed on: 2003-03-05 | Stuart Solway |
| 2003-02-10 | Application for leave to appeal, (C/A Order filed March 31/03), Completed on: 2003-03-31 | Davis Moving & Storage Inc., carrying on business as Kennedy Moving Systems |
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 |
|---|---|---|
| Davis Moving & Storage Inc., carrying on business as Kennedy Moving Systems | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Solway, Stuart | Respondent | Active |
| Akler, Gayle | Respondent | Active |
| Sparkplug Marketing & Communications Inc. and Pen Station Inc. | Respondent | Active |
Counsel
Party: Davis Moving & Storage Inc., carrying on business as Kennedy Moving Systems
Counsel
2700 - 401 Bay Street
Box 101
Toronto, Ontario
M5H 2Y4
Telephone: (416) 361-1500
FAX: (416) 361-1674
Email: Jonh.Hunt@bsc-law.net
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Solway, Stuart
Counsel
Scotia Plaza, Suite 3100
40 King Street West
Toronto, Ontario
M5H 3Y2
Telephone: (416) 865-6600
FAX: (416) 865-6636
Party: Akler, Gayle
Counsel
Scotia Plaza, Suite 3100
40 King Street West
Toronto, Ontario
M5H 3Y2
Telephone: (416) 865-6600
FAX: (416) 865-6636
Party: Sparkplug Marketing & Communications Inc. and Pen Station Inc.
Counsel
Scotia Plaza, Suite 2100
40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5425
FAX: (416) 640-3018
Email: rcohen@casselsbrock.com
Summary
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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
99-CV-170847
Limitation of liability clause contained in the contract between the Applicant and Respondents Solway and Akler declared unenforceable; Respondents Solway and Akler's action for damages allowed...
Court of Appeal for Ontario
C37568
Appeal allowed in part; judgment varied; Respondents Sparkplug and Pen Station's claims for loss of income dismissed; cross-appeal 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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