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Case information

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30876

Antony Tsai v. Dylex Limited, carrying on business as Bi-Way Stores and By-Way Store Ltd., 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)
2005-09-12 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 M31900, dated February 11, 2005, is
dismissed.
Dismissed
2005-06-27 All materials on application for leave submitted to the Judges, (changed from Major, Fish, Abella on July 19, 2005 to Major, LeBel, Abella), Ma LeB Abe
2005-05-12 Respondent's response on the application for leave to appeal, (Letter Form), from B. Evans re: will not file a response (by fax), Completed on: 2005-05-12 Dylex Limited, carrying on business as Bi-Way Stores and By-Way Store Ltd.
2005-04-29 Letter acknowledging receipt of a complete application for leave to appeal
2005-03-31 Court of Appeal casebooks and transcripts of evidence, 3 copies of : Motion Records Vol. I and II, Reply Factum and Factum.
2005-03-31 Application for leave to appeal, Completed on: 2005-03-31 Antony Tsai

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
Tsai, Antony Applicant Active

v.

Main parties - Respondents
Name Role Status
Dylex Limited, carrying on business as Bi-Way Stores and By-Way Store Ltd. Respondent Active
Intelligarde International Inc. and Nightwatch Security Services Ltd. Respondent Active

Counsel

Party: Tsai, Antony

This party is not represented by counsel.

Party: Dylex Limited, carrying on business as Bi-Way Stores and By-Way Store Ltd.

Counsel
Bill Evans
Aviva Canada Inc.
121 King Street West
18th Floor
Toronto, Ontario
M5H 3T9
Telephone: (416) 307-4955
FAX: (416) 363-5386

Party: Intelligarde International Inc. and Nightwatch Security Services Ltd.

Counsel
Bill Evans
Aviva Canada Inc.
121 King Street West
18th Floor
Toronto, Ontario
M5H 3T9
Telephone: (416) 307-4955
FAX: (416) 363-5386

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.

Antony Tsai’s claim arose from his alleged mistreatment at a Bi-Way Store in Toronto on March 7, 1997, when he was suspected of shoplifting. Mr. Tsai brought an action against the Respondents for battery, assault, false arrest and wrongful detention and breaches of ss. 7,8,10(d) and 12 of the Charter, which action was dismissed at trial as it did not reveal any liability on the part of the Respondents or damages suffered by Mr. Tsai.

Lower court rulings

October 18, 2001
Ontario Superior Court of Justice

97-CU-135849

Respondents' motion that the Applicant attend a defence medical examination and that the Applicant sign and return an authorization for the release of his Canada Pension Plan file, granted without reasons

July 23, 2003
Ontario Superior Court of Justice

97-CV-135849

Applicant's action, dismissed, with costs in the amount of $20,000.00 and disbursements of $3672.45

October 29, 2004
Ontario Superior Court of Justice

527/04

Applicant's motion to extend time to serve and file a Notice of Appeal to the Divisional Court from the judgment of Sanderson J. of July 23, 2003, dismissed

February 11, 2005
Court of Appeal for Ontario

M31900

Applicant's motion for leave to appeal from the order of the Divisional Court dated October 29, 2004, refused, with costs

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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27