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.
30170
ING Canada Inc. v. Aegon Canada Inc., 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) |
|---|---|---|
| 2005-02-22 | Close file on Leave | |
| 2004-07-09 | Judgment on leave sent to the parties | |
| 2004-07-08 |
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 C39652, dated December 8, 2003, is dismissed with costs to the Respondents Aegon Canada Inc. and Transamerica Life Canada on a substantial indemnity basis, and costs to the Respondents Pyar Dossal and Jane Benn, to the extent, if any, that their costs are not paid out of the assets of the NN Life Plan that relate to the Past Members and Former Members of the Halifax Plan and are traceable to the Halifax Plan trust fund. Dismissed |
|
| 2004-05-25 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-04-20 | Respondent's response on the application for leave to appeal, Completed on: 2004-04-20 | Pyar Dossal and Jane Benn on their own behalf and on behalf of those persons who are members and former members of the NN Life Insurance Company of Canada Pension Plan for Employees |
| 2004-04-01 | Order on motion to add or substitute parties, (BY LEBEL J.) | |
| 2004-04-01 |
Decision on motion to add or substitute parties, LeB, The applicants, Pyar Dossal and Jane Benn, seek leave to be added or confirmed as parties. They were granted leave to intervene as added parties in the Ontario Superior Court and participated fully as parties in the courts below. Furthermore, their interest is adverse to that of the applicant. As such, pursuant to 22(2) of the Rules of the Supreme Court of Canada, they are entitled to be added as respondents in the leave application and to file a response to the application for leave to appeal. The motion is granted. Granted |
|
| 2004-03-29 | Order on motion to leave to intervene, (BY LEBEL J.) | |
| 2004-03-29 |
Decision on motion for leave to intervene, LeB, Interventions in support of a leave application are exceptional and should not be encouraged (Crane and Brown, Supreme Court of Canada Practice, Carswell 2002, p. 308; Monsanto Canada Inc. v. Superintendent of Financial Services, et al. (29586) (March 28, 2003); Dutch Industries Ltd. v. Barton No-Till Disk Inc., et al. (29738) (June 24, 2003) and R. v. Krystopher Krymowski, et al. (29865) (September 23, 2003)). There is no need for interventions which purport to draw the attention of the Court to the importance of the application for leave to appeal. The application for leave to appeal should itself include material relevant to the general importance of the case. The motion is dismissed. If the Court grants leave to appeal, the applicant may reapply for leave to intervene in the appeal, in the usual manner. Dismissed |
|
| 2004-03-25 | Submission of motion to add or substitute parties, LeB | |
| 2004-03-25 | Submission of motion for leave to intervene, LeB | |
| 2004-03-19 | Reply to motion to add or substitute parties, Completed on: 2004-03-19 | Pyar Dossal and Jane Benn on their own behalf and on behalf of those persons who are members and former members of the NN Life Insurance Company of Canada Pension Plan for Employees |
| 2004-03-18 | Reply to the motion for leave to intervene., (book form), Completed on: 2004-03-18 | Superintendent of Financial Services |
| 2004-03-17 | Response to the motion for leave to intervene, (Letter Form), from Gerald L.R. Ranking dated 03/16/04, Completed on: 2004-03-17 | ING Canada Inc. |
| 2004-03-15 | Applicant's reply to respondent's argument, Completed on: 2004-03-15 | ING Canada Inc. |
| 2004-03-15 | Response to motion to add or substitute parties, Completed on: 2004-03-15 | ING Canada Inc. |
| 2004-03-15 | Response to the motion for leave to intervene, (book form), Completed on: 2004-03-15 | Aegon Canada Inc. |
| 2004-03-08 | Motion to add or substitute parties, (to be added as respondents) - book form, Completed on: 2004-03-11 | Pyar Dossal and Jane Benn on their own behalf and on behalf of those persons who are members and former members of the NN Life Insurance Company of Canada Pension Plan for Employees |
| 2004-03-05 | Motion for leave to intervene, (book form), Completed on: 2004-03-05 | Superintendent of Financial Services |
| 2004-03-05 | Book of authorities, (no service) | Aegon Canada Inc. |
| 2004-03-05 | Respondent's response on the application for leave to appeal, Completed on: 2004-03-05 | Aegon Canada Inc. |
| 2004-02-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-02-06 | Application for leave to appeal, (Vol. 1 & 2), Completed on: 2004-02-12 | ING Canada Inc. |
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 |
|---|---|---|
| ING Canada Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aegon Canada Inc. | Respondent | Active |
| Transamerica Life Canada | Respondent | Active |
| Pyar Dossal and Jane Benn on their own behalf and on behalf of those persons who are members and former members of the NN Life Insurance Company of Canada Pension Plan for Employees | Respondent | Active |
| and also past members and former members of the Employees Pension Plan of the Halifax Insurance Companies or the beneficiaries of such persons | Respondent | Active |
Counsel
Party: ING Canada Inc.
Counsel
P.O. Box 20
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1N6
Telephone: (416) 865-4419
FAX: (416) 364-7813
Email: granking@tor.fasken.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Aegon Canada Inc.
Counsel
Box 25, Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2955
FAX: (416) 863-2653
Email: japrestage@blakes.com
Agent
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Transamerica Life Canada
Counsel
Box 25, Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2955
FAX: (416) 863-2653
Email: japrestage@blakes.com
Agent
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Pyar Dossal and Jane Benn on their own behalf and on behalf of those persons who are members and former members of the NN Life Insurance Company of Canada Pension Plan for Employees
Counsel
Lesa MacDonald
20 Queen Street West, Suite 900
Box 53
Toronto, Ontario
M5H 3R3
Telephone: (416) 977-8353
FAX: (416) 977-3316
Email: mmazzuca@koskieminsky.com
Agent
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
Party: and also past members and former members of the Employees Pension Plan of the Halifax Insurance Companies or the beneficiaries of such persons
Counsel
20 Queen Street West, Suite 900
Box 53
Toronto, Ontario
M5H 3R3
Telephone: (416) 977-8353
FAX: (416) 977-3316
Email: mmazzuca@koskieminsky.com
Agent
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
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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
02-CL-4392
Applicant found in breach of warranties of the Share Purchase Agreement and of the Pension and Employee Benefits Agreement; Respondents to be indemnified for costs, damages and losses
Court of Appeal for Ontario
C39652
Appeal dismissed
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