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Case information

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30321

Turret Realties Inc. v. Kirk Bartosek, by his Litigation Guardian, Janet Williams, et al.

(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)
2005-02-21 Close file on Leave
2004-10-01 Judgment on leave sent to the parties
2004-09-30 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 C37879, dated March 17, 2004, is dismissed with costs to the Respondents, Kirk Bartosek, by his Litigation Guardian, Janet Williams and Janet Williams.

Dismissed
2004-08-03 All materials on application for leave submitted to the Judges, Ba LeB De
2004-06-11 Letter acknowledging receipt of an incomplete application for leave to appeal
2004-06-04 Respondent's response on the application for leave to appeal, Completed on: 2004-06-04 Kirk Bartosek, by his Litigation Guardian, Janet Williams
2004-05-11 Application for leave to appeal, (Vol. I and II)- C/A order missing (recvd July 20/04)., Completed on: 2004-07-20 Turret Realties 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

Main parties - Appellants
Name Role Status
Turret Realties Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Kirk Bartosek, by his Litigation Guardian, Janet Williams Respondent Active
Williams, Janet Respondent Active
Anne Busk, also known as Anne McFadden, and Paul Busk Respondent Active

Counsel

Party: Turret Realties Inc.

Counsel
B.A. Percival, Q.C.
Benson Percival Brown
800 - 250 Dundas St W
Toronto, Ontario
M5T 2Z6
Telephone: (416) 977-9777
FAX: (416) 977-1241

Party: Kirk Bartosek, by his Litigation Guardian, Janet Williams

Counsel
J.M. Arthur Lefebvre
Lefebvre & Lefebvre
75 Chatham Street
Brantford, Ontario
N3T 5N9
Telephone: (519) 756-3350
FAX: (519) 756-4727

Party: Williams, Janet

Counsel
J.M. Arthur Lefebvre
Lefebvre & Lefebvre
75 Chatham Street
Brantford, Ontario
N3T 5N9
Telephone: (519) 756-3350
FAX: (519) 756-4727

Party: Anne Busk, also known as Anne McFadden, and Paul Busk

Counsel
Geoffrey D.E. Adair, Q.C.
Adair Morse LLP
One Queen Street East
Suite 1800
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241
Email: gadair@adairmorse.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

April 19, 2002
Ontario Superior Court of Justice

413/96

Respondent Bartosek's action for negligence under s. 3 of the Occupiers' Liability Act, granted against Applicant; Bartosek found 50% contributorily negligent. Bartosek awarded $275,598 in non-pecuniary damages and $750,000 for future income loss

March 17, 2004
Court of Appeal for Ontario

C37879

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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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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Webcasts

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Date modified: 2025-02-27