Case information
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30866
Nicole Lacroix, et al. v. Canada Mortgage and Housing Corporation, 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) |
|---|---|---|
| 2005-09-12 | Close file on Leave | |
| 2005-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-26 | Judgment on leave sent to the parties | |
| 2005-08-25 |
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 M31872, dated February 11, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-07-11 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-13 | Applicant's reply to respondent's argument, Completed on: 2005-05-13 | Nicole Lacroix |
| 2005-05-05 | Respondent's response on the application for leave to appeal, Completed on: 2005-05-05 | Canada Mortgage and Housing Corporation |
| 2005-04-07 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-04-07 | Book of authorities | Nicole Lacroix |
| 2005-04-07 | Application for leave to appeal, Original judgments from Trial Court and C/A missing - Rec'd April 8, 2005. Amended Notice of application for leave to appeal rec'd April 8, 2005., Completed on: 2005-04-08 | Nicole Lacroix |
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 |
|---|---|---|
| Lacroix, Nicole | Applicant | Active |
| Rosie Ladouceur, David Guffie, Frank McCann and Robert Braybrook | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada Mortgage and Housing Corporation | Respondent | Active |
| and Marc Rochon, Claude Poirier-Defoy, Jim Millar, Karen Kinsley, Gerald Norbraten, Jean-Guy Tanguay, David Metzak and Brian Knight being the Trustees of the Canada Mortgage and Housing Corporation Pension Fund | Respondent | Active |
Counsel
Party: Lacroix, Nicole
Counsel
James Barnes
200 Elgin Street
Suite 400
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: Rosie Ladouceur, David Guffie, Frank McCann and Robert Braybrook
Counsel
James Barnes
200 Elgin Street
Suite 400
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: Canada Mortgage and Housing Corporation
Counsel
Lawrence E. Ritchie
1 First Canadian Place
P.O. Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: and Marc Rochon, Claude Poirier-Defoy, Jim Millar, Karen Kinsley, Gerald Norbraten, Jean-Guy Tanguay, David Metzak and Brian Knight being the Trustees of the Canada Mortgage and Housing Corporation Pension Fund
Counsel
Lawrence E. Ritchie
1 First Canadian Place
P.O. Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.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.
Upon consent, the Applicants’ action for various breaches in respect of surplus pension funds was certified as a national class action. After substantial amendments to the statement of claim, the Applicants moved to amend the certification order accordingly. The motions judge dismissed the motion, finding that the Applicants had failed to show that the class as defined was rationally related to the proposed common issues on partial termination, that real and present conflicts irresolvable by the creation of sub-classes existed between class members, and that the action as presented would be totally unmanageable due to the many different groups, the obvious conflicts between the sub-classes, and the two very distinct theories for relief. The Divisional Court dismissed the Applicants’ appeal and the Court of Appeal denied leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
99-CV-10694
Applicants' action certified as a national class action on consent: Class Proceedings Act. S.O. 1992, c.6,ss. 2, 5
Ontario Superior Court of Justice
99-CV-10694
Applicants' motion to amend certification order to expand the plaintiff class and create new common issues dismissed
Ontario Court of Justice (General Division)
03-DV-000858
appeal dismissed
Court of Appeal for Ontario
M31872
Motion 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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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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