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.
30418
Chester Waxman, et al. v. Morris Waxman, 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) |
|---|---|---|
| 2006-03-13 | Close file on Leave | |
| 2006-03-10 | Correspondence received from, E. Meehan dated March 10, 2006 re: response to motion for review | Morris Waxman |
| 2006-03-10 | Correspondence (sent by the Court) to, Gowling, c.c. parties re: Rule 78, returning his motion for review | |
| 2006-02-24 | Reconsideration not accepted for filing, (documents returned) | |
| 2006-02-01 | Correspondence (sent by the Court) to, Mr. Eugene Meehan (letter dated January 27/06 returned) | |
| 2006-01-27 | Letter acknowledging receipt of a complete motion for reconsideration, (sent by fax) | |
| 2006-01-24 | Motion to extend time, to file the motion for reconsideration (joint), Completed on: 2006-01-24 | Chester Waxman |
| 2006-01-24 | Notice of change of solicitor, from G. Graham to B. Crane (Gowlings) | Chester Waxman |
| 2006-01-24 | Motion for reconsideration of the application for leave to appeal, (joint with extension of time), Completed on: 2006-01-24 | Chester Waxman |
| 2006-01-05 | Notice of change of solicitor, from Lenczner Slaght Royce Smith Griffin to Gowling Lafleur Henderson (service to follow) | Chester Waxman |
| 2005-04-01 | Judgment on leave sent to the parties | |
| 2005-03-31 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the applications for leave to appeal from the judgments of the Court of Appeal for Ontario, Numbers C38611, C38616 and C38624, dated April 30, 2004, are dismissed with costs. Dismissed, with costs |
|
| 2005-03-31 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time is granted. Granted |
|
| 2005-02-07 | All materials on application for leave submitted to the Judges, (changed from CJ Bi Ch) to, CJ Bi De | |
| 2005-02-07 | Submission of motion to extend time to file and/ or serve the leave application, CJ Bi De | |
| 2004-11-26 | Motion to extend the time to file and or serve the application for leave to appeal, (pursuant to Rule 64), Completed on: 2004-11-26 | Chester Waxman |
| 2004-11-09 | Letter and notice pursuant to Rule 64 sent to, (by Priority Post) | |
| 2004-09-02 | Applicant's reply to respondent's argument, Completed on: 2004-09-02 | Robert Waxman |
| 2004-09-02 | Applicant's reply to respondent's argument, Completed on: 2004-09-02 | Chester Waxman |
| 2004-08-23 | Respondent's response on the application for leave to appeal, Completed on: 2004-08-23 | Morris Waxman |
| 2004-07-13 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-07-13 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-06-25 | Application for leave to appeal, SECOND APPLICATION (C/A Order rec'd Dec.6/04)(new notice and form 25B received on Jan. 21, 2005 re: style of cause - inserted in the 2nd application), Completed on: 2004-12-06 | Robert Waxman |
| 2004-06-22 | Application for leave to appeal, FIRST APPLICATION (3 volumes) (C/A Order rec'd Dec.6/04), Completed on: 2004-12-06 | Chester Waxman |
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 |
|---|---|---|
| Waxman, Chester | Applicant | Active |
| Chester Waxman, in trust | Applicant | Active |
| Chesterton Investments Limited | Applicant | Active |
| I. Waxman & Sons Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Waxman, Morris | Respondent | Active |
| Waxman, Michael | Respondent | Active |
| Shirley Waxman, Douglas Waxman, The Waxman Holding Corporation Inc., Morriston Investments Limited, Solid Waste Reclamation Limited and Solid Waste Reclamation Inc. | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Waxman, Robert | Applicant | Active |
| Waxman, Warren | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Waxman, Morris | Respondent | Active |
| Waxman, Michael | Respondent | Active |
| Shirley Waxman, Douglas Waxman, The Waxman Holding Corporation Inc., Morriston Investments Limited, Solid Waste Reclamation Limited and Solid Waste Reclamation Inc. | Respondent | Active |
Counsel
Party: Waxman, Chester
Counsel
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Chester Waxman, in trust
Counsel
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Chesterton Investments Limited
Counsel
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: I. Waxman & Sons Limited
Counsel
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Waxman, Robert
Counsel
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Waxman, Warren
Counsel
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Waxman, Morris
Counsel
Richard Swan
P.O. Box 20, 37th Floor
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Waxman, Michael
Counsel
P.O. Box 20, 37th Floor
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Shirley Waxman, Douglas Waxman, The Waxman Holding Corporation Inc., Morriston Investments Limited, Solid Waste Reclamation Limited and Solid Waste Reclamation Inc.
Counsel
P.O. Box 20, 37th Floor
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
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.
None.
Lower court rulings
Ontario Superior Court of Justice
33234/88, 36583/89, 37616/89, 42114/89, 44142/89
Applicant Chester found to hold 50% of shares of I. Waxman & Sons Limited (IWS) on constructive trust for Respondent Morris since December 22nd, 1983 and shall forthwith convey them; Morris to recover from Chester and IWS 50% of profits and distribution..
Court of Appeal for Ontario
C38611, C38616, C38624
Appeal allowed in part and judgment of trial judge varied as per terms of the order
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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