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.
31001
Donald J. Ritchie, et al. v. Stephanie Suzanne Walker, 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) |
|---|---|---|
| 2007-01-16 | Payment out cheque issued, ($518.86) | |
| 2007-01-16 | Appeal closed | |
| 2007-01-16 | Correspondence received from, Gowlings dated Jan. 15, 2007 (e-mail) re: bill of costs has been settled | Donald J. Ritchie |
| 2007-01-08 | Approved order for payment out, sent to Finance Jan. 8/07 | |
| 2007-01-04 | Bill of costs, Completed on: 2007-01-16 | Donald J. Ritchie |
| 2006-10-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-10-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-10-13 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C40260, dated April 28, 2005, heard on May 10, 2006, is allowed with costs and the premium in the amount of $192,600 is set aside. Allowed, with costs |
|
| 2006-05-23 | Transcript received, (70 pages) | |
| 2006-05-10 | Judgment reserved OR rendered with reasons to follow | |
| 2006-05-10 | Acknowledgement and consent for video taping of proceedings | |
| 2006-05-10 |
Hearing of the appeal, 2006-05-10, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-05-10 | Appellant's condensed book, 14 copies - distributed in Court. | Donald J. Ritchie |
| 2006-05-08 | Book of authorities, Supplementary book of authorities of the appellant. (14 copies), Completed on: 2006-05-08 | Donald J. Ritchie |
| 2006-04-27 | Notice of appearance, Earl A. Cherniak, Q.C. and Andra L. Maxwell-Baker will be appearing. | Donald J. Ritchie |
| 2006-04-24 | Notice of appearance, Ronad Slaght, Q.C. and Rebecca Jones will be appearing. | Stephanie Suzanne Walker |
| 2006-04-06 | Appeal perfected for hearing | |
| 2006-04-05 | Respondent's book of authorities, Completed on: 2006-04-05 | Stephanie Suzanne Walker |
| 2006-04-05 | Respondent's record, Completed on: 2006-04-05 | Stephanie Suzanne Walker |
| 2006-04-05 | Respondent's factum, CD recvd April 6/06, Completed on: 2006-04-06 | Stephanie Suzanne Walker |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 |
Appeal hearing scheduled, 2006-05-10 Judgment reserved |
|
| 2006-02-10 | Appellant's book of authorities, Vol. I to III, Completed on: 2006-02-10 | Donald J. Ritchie |
| 2006-02-10 | Appellant's record, Completed on: 2006-02-10 | Donald J. Ritchie |
| 2006-02-10 | Appellant's factum, (CD in PDF rec'd Feb. 17/06), Completed on: 2006-02-17 | Donald J. Ritchie |
| 2005-12-12 | Notice of appeal, (receipt #3259 for $10.00), Completed on: 2005-12-12 | Donald J. Ritchie |
| 2005-11-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-18 | Judgment on leave sent to the parties | |
| 2005-11-17 |
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 C40260, dated April 28, 2005, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2005-09-19 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-08-29 | Applicant's reply to respondent's argument, Completed on: 2005-08-29 | Donald J. Ritchie |
| 2005-08-22 | Respondent's response on the application for leave to appeal, Completed on: 2005-08-22 | Stephanie Suzanne Walker |
| 2005-06-28 | Correspondence received from, E-mail by Ed Van Bemmel dated June 28, 2005. Re: Wawanesa to be removed as a party | Donald J. Ritchie |
| 2005-06-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-06-27 | Book of authorities | Donald J. Ritchie |
| 2005-06-27 | Application for leave to appeal, C/A signed Order missing - Rec'd August 5, 2005 (Replaced p. 177 of appl. for leave on Sept. 20 with service), Completed on: 2005-08-05 | Donald J. Ritchie |
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 |
|---|---|---|
| Ritchie, Donald J. | Appellant | Active |
| Harold Marcus Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Walker, Stephanie Suzanne | Respondent | Active |
| Gary Walker, Rosemary Walker, Laura Walker, Alyssa Walker and Christine Walker, an infant by her litigation guardian, Gary Walker | Respondent | Active |
Counsel
Party: Ritchie, Donald J.
Counsel
Kirk F. Stevens
Andra Maxwell-Baker
2400 - 130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
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: Harold Marcus Limited
Counsel
Kirk F. Stevens
Andra Maxwell-Baker
2400 - 130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
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: Walker, Stephanie Suzanne
Counsel
130 Adelaide Street West
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2929
FAX: (416) 865-9010
Email: rslaght@lsrsg.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Gary Walker, Rosemary Walker, Laura Walker, Alyssa Walker and Christine Walker, an infant by her litigation guardian, Gary Walker
Counsel
130 Adelaide Street West
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2929
FAX: (416) 865-9010
Email: rslaght@lsrsg.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
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.
Procedural law - Costs - Premium - Whether it is appropriate to award the lawyer of a successful party a premium for the risk of non-payment of fees and disbursements that is payable by the unsuccessful opposing party in the litigation, over and above the legal fees and disbursements otherwise awarded to the successful party.
In an action in negligence for damages sustained by one Respondent in a motor vehicle accident, the Appellants were found equally liable and ordered to pay damages, substantial indemnity costs of $470,979.65 for legal fees, plus a premium of $192,600 to the Respondents’counsel. The Appellants appealed on a number of issues, including on the payment of the premium. The only issue which is the subject of this appeal was the trial judge’s award of a premium to the Respondents’ counsel, which was upheld by the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
Respondent's action granted; Appellants found equally liable in negligence.
Ontario Superior Court of Justice
S1728/2001, S775/1999
Decision on costs: Substantial indemnity costs of $470,979.65 and a premium of $192,600 ordered payable by the Applicants
Court of Appeal for Ontario
C40260
Appeal allowed in part;
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
Not available