Case information
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30959
Matthew Stoody v. Robert Kennedy, 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) |
|---|---|---|
| 2006-04-11 | Close file on Leave | |
| 2006-04-10 | Certificate of taxation issued to, Gowlings | |
| 2006-04-06 | Decision on the bill of costs, taxed at the amount of $1,169.60, Reg | |
| 2006-04-06 | Submission of the bill of costs, Reg | |
| 2006-03-22 | Bill of costs, Completed on: 2006-04-11 | Robert Kennedy |
| 2006-01-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-01-20 | Judgment on leave sent to the parties | |
| 2006-01-19 |
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, Numbers C41038, C41046, C41345 and M32127, dated March 23, 2005, is dismissed with costs to the respondents Robert Kennedy, Robert Davidson, Beni Kantorovich, Cheryl Grewar, Steve Funk, Arni Thorsteinson and Murray Paylay. Dismissed, with costs |
|
| 2005-12-21 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-10-12 | Respondent's response on the application for leave to appeal, Completed on: 2005-10-12 | Beni Kantorovich |
| 2005-10-11 | Respondent's response on the application for leave to appeal, (Letter Form), from J. Goodman re: will not file a response (by fax), Completed on: 2005-10-11 | James Umlah |
| 2005-10-07 | Respondent's response on the application for leave to appeal, Completed on: 2005-10-07 | Robert Kennedy |
| 2005-09-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-09-12 | Application for leave to appeal, (Service and signed CA/reasons rec'd. Sept. 13/05), Completed on: 2005-09-13 | Matthew Stoody |
| 2005-06-14 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Matt Certosimo dated June 13/05, Completed on: 2005-06-14 | Beni Kantorovich |
| 2005-06-09 | Order on motion to extend the time to file and/or serve the leave application, (BY DESCHAMPS J.) | |
| 2005-06-09 |
Decision on motion to extend time to file and /or serve the leave application, De, The motion for an extension of time to serve and file an application for leave to appeal to September 15, 2005, is granted. Granted |
|
| 2005-06-09 | Submission of motion to extend time to file and/ or serve the leave application, De | |
| 2005-06-07 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Susan Wortzman dated June 7/05, Completed on: 2005-06-07 | Robert Kennedy |
| 2005-06-03 | Response to the motion to extend the time to file and / or serve the leave application, e-mail from Jeffrey Goodman dated June 3/05, Completed on: 2005-06-03 | James Umlah |
| 2005-05-20 | Motion to extend the time to file and or serve the application for leave to appeal, to Sept. 15/05, Completed on: 2005-05-20 | Matthew Stoody |
| 2005-05-20 | Notice of application for leave to appeal, (Form 25B rec'd on May 30, 2005) | Matthew Stoody |
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 |
|---|---|---|
| Stoody, Matthew | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kennedy, Robert | Respondent | Active |
| Davidson, Robert | Respondent | Active |
| Kantorovich, Beni | Respondent | Active |
| Grewar, Cheryl | Respondent | Active |
| Funk, Steve | Respondent | Active |
| Thorsteinson, Arni | Respondent | Active |
| Paylay, Murray | Respondent | Active |
| Umlah, James | Respondent | Active |
Counsel
Party: Stoody, Matthew
Counsel
Kitchener, Ontario
N2H 6P4
Telephone: (519) 571-1800
FAX: (519) 571-1805
Party: Kennedy, Robert
Counsel
Cynthia B. Kuehl
130 Adelaide St. W.
Suite 2400, P.O. Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2365
FAX: (416) 867-2423
Email: swortzman@lerners.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Davidson, Robert
Counsel
Cynthia B. Kuehl
130 Adelaide St. W.
Suite 2400, P.O. Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2365
FAX: (416) 867-2423
Email: swortzman@lerners.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Kantorovich, Beni
Counsel
Jennifer M. Fantini
Scotia Plaza
40 King St. W.
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6068
FAX: (416) 361-7346
Party: Grewar, Cheryl
Counsel
Cynthia B. Kuehl
130 Adelaide St. W.
Suite 2400, P.O. Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2365
FAX: (416) 867-2423
Email: swortzman@lerners.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Funk, Steve
Counsel
Jennifer M. Fantini
Scotia Plaza
40 King St. W.
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6068
FAX: (416) 361-7346
Party: Thorsteinson, Arni
Counsel
Jennifer M. Fantini
Scotia Plaza
40 King St. W.
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6068
FAX: (416) 361-7346
Party: Paylay, Murray
Counsel
Jennifer M. Fantini
Scotia Plaza
40 King St. W.
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6068
FAX: (416) 361-7346
Party: Umlah, James
Counsel
2600-200 Bay Street
Royal Bank Plaza, South Tower
Toronto, Ontario
M5J 2J4
Telephone: (416) 643-6824
FAX: (416) 360-8425
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.
Labour law — Master and servant — Wrongful dismissal — Administrative law — Appeal — Whether the Court of Appeal erred and exceeded its jurisdiction by reversing or ignoring several findings of fact made at trial — Whether there is a legal duty of care upon senior officers and directors of a corporate employer with regards to unpaid wages and whether this duty is in law a duty of good faith or a fiduciary duty?
The applicant, Matthew Stoody sued Westsun Show Systems Inc. for damages for wrongful dismissal and unpaid commissions. He was successful and obtained a judgment for $210, 705.29. At the trial, Robert Davidson was Westsun Show's corporate representative. Stoody took no steps to realize on the judgment. Instead he brought a second action against Westsun International, Westsun Show's parent company; a number of Westsun International's directors and officers and Robert Kennedy and Cheryl Grewar, two of Westsun Show's former officers. Stoody was granted judgment against the directors in the amount of $171, 442.00; Davidson was held personally liable for Stoody's costs of the first action and Stoody's claim against Kennedy and Grewar was dismissed. The Court of Appeal allowed Davidson's appeal; allowed the directors' appeals; dismissed Stoody's appeal and cross-appeal and set aside the judgment below.
Lower court rulings
Ontario Superior Court of Justice
C-591/02
Respondents Umlah, Kantorovich, Funk, thorsteinson and Paylay held jointly and severally liable to Applicant Stoody for previously awarded amount of $171,442; Respondent Davidson found liable to Stoody in the amount of $37,358.44: Stoody's claim ...
Court of Appeal for Ontario
C41038, C41046, C41345, M32127
Respondents' appeals allowed and action dismissed; Stoody's appeal from the dismissal of the action against Kennedy and Grewar and cross-appeal dismissed
Filed documents
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 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 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
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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