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30814

Retired Salaried Beneficiaries of Stelco Inc., et al. v. Roland Keiper, 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)
2005-11-14 Close file on Leave
2005-11-14 Discontinuance of the application for leave to appeal Retired Salaried Beneficiaries of Stelco Inc.
2005-10-11 All materials on application for leave submitted to the Judges, Ba LeB De
2005-10-11 Correspondence received from, R. B. Swan re: respondents support M. Barrack's position Roland Keiper
2005-09-30 Correspondence received from, A. J. Hatnay (by fax) re: in response to the letters dated Sept. 16 and Sept. 19/05 Retired Salaried Beneficiaries of Stelco Inc.
2005-09-19 Correspondence received, from McCarthy Tétrault re: enclosing M. E. Barrack's letter dated Sept. 16/05 in response to J. Beedell's letter of Sept. 14/05
2005-09-14 Correspondence received from, Jeffrey Beedell dated September 14, 2005. Re: No new developments (Encl. with Sup. Crt Order) Retired Salaried Beneficiaries of Stelco Inc.
2005-08-10 Correspondence received from, (Letter Form), Jeffrey W. Beedell dated August 10, 2005. Re: C/A Order Retired Salaried Beneficiaries of Stelco Inc.
2005-07-20 Applicant's reply to respondent's argument, Completed on: 2005-07-20 Retired Salaried Beneficiaries of Stelco Inc.
2005-07-07 Correspondence received from, Gowlings (by email) re: Replacement of pages in memorandum of arguments with service Retired Salaried Beneficiaries of Stelco Inc.
2005-07-04 Book of authorities Roland Keiper
2005-06-30 Respondent's response on the application for leave to appeal, (pages replaced on July 7, 2005), Completed on: 2005-06-30 Roland Keiper
2005-06-01 Letter acknowledging receipt of an incomplete application for leave to appeal
2005-05-30 Application for leave to appeal, C/A Order missing - Rec'd August 26, 2005, Completed on: 2005-08-26 Retired Salaried Beneficiaries of Stelco Inc.
2005-04-06 Notice of application for leave to appeal Retired Salaried Beneficiaries of Stelco 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
Retired Salaried Beneficiaries of Stelco Inc. Applicant Active
CHT Steel Company Inc., Stelpipe Ltd., Stelwire Ltd. and Welland Pipe Ltd. Applicant Active

v.

Main parties - Respondents
Name Role Status
Keiper, Roland Respondent Active
Woollcombe, Michael Respondent Active

Counsel

Party: Retired Salaried Beneficiaries of Stelco Inc.

Counsel
Murray Gold
Andrew J. Hatnay
Koskie Minksy
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2083
FAX: (416) 204-2872
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: CHT Steel Company Inc., Stelpipe Ltd., Stelwire Ltd. and Welland Pipe Ltd.

Counsel
Murray Gold
Andrew J. Hatnay
Koskie Minksy
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2083
FAX: (416) 204-2872
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Keiper, Roland

Counsel
Jeffrey S. Leon
Richard B. Swan
Fasken Martineau DuMoulin LLP
Suite 4200, Box 20 - Toronto-Dominion Bank Tower
Toronto-Dominion Bank Centre
Toronto, Ontario
M5K 1N6
Telephone: (416) 865-4432
FAX: (514) 364-7813
Email: jleon@tor.fasken.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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: Woollcombe, Michael

Counsel
Jeffrey S. Leon
Richard B. Swan
Fasken Martineau DuMoulin LLP
Suite 4200, Box 20 - Toronto-Dominion Bank Tower
Toronto-Dominion Bank Centre
Toronto, Ontario
M5K 1N6
Telephone: (416) 865-4432
FAX: (514) 364-7813
Email: jleon@tor.fasken.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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

Summary

Keywords

None.

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.

Farley J. concluded that he had the power to rescind the appointment of Messrs. Woollcombe and Keiper to Stelco’s Board of Directors on the basis of his “inherent jurisdiction” and “the discretion given to the court pursuant to the CCAA.” Farley J. ordered Messrs. Woollcombe and Keiper be removed from the Board. The court of appeal granted leave to appeal and then allowed the appeal, and ordered the reinstatement of Messrs. Woollcombe and Keiper to the Board.

Lower court rulings

February 25, 2005
Ontario Superior Court of Justice

04-CL-5306

The court declares that the appointment of Messrs. Keiper and Woollcombe to the Board of Directors is of no force and effect and they are hereby removed from the Board

March 4, 2005
Court of Appeal for Ontario


Motion to expedite appeal granted

March 31, 2005
Court of Appeal for Ontario

M32289

Leave to appeal from the order of Farley J. granted; the apeal is allowed and the order of Farley J. is set aside

April 12, 2005
Court of Appeal for Ontario


Motion for an order under s. 65(1) of the Supreme Court of Canada Act staying the execution of the Court of Appeal's decision of March 31, 2005 pending the decision of the Supreme Court on the application for leave to 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