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.
31529
John David Castle v. Ontario Securities Commission
(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) |
|---|---|---|
| 2006-10-24 | Close file on Leave | |
| 2006-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-10-20 | Judgment on leave sent to the parties | |
| 2006-10-19 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C-44433, dated April 21, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2006-09-25 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-09-25 | Submission of motion to extend time to file and/ or serve the leave application, Bi De Abe | |
| 2006-09-21 |
Decision on motion to extend time, to serve and file a reply to Sept. 8/06, for permitting the filing of a lengthy reply and for the filing fee to be waived, Reg Granted |
|
| 2006-09-21 | Submission of motion to extend time, Reg | |
| 2006-09-15 | Motion to extend time, to serve and file the reply joint with motion to file a 10 page reply, Completed on: 2006-09-15 | John David Castle |
| 2006-09-15 | Correspondence received from, J. Castle dated Sept. 14/06 re: requesting the registrar to waive motion fees and motion | John David Castle |
| 2006-09-08 | Applicant's reply to respondent's argument, Completed on: 2006-09-15 | John David Castle |
| 2006-09-06 | Correspondence received from, will be filing motion for ext. of time and to file lengthy reply | John David Castle |
| 2006-09-05 | Correspondence received from, John Castle, one copy of the C/A endorsement sent to respondent | John David Castle |
| 2006-08-24 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2006-08-24 | Ontario Securities Commission |
| 2006-07-24 | Motion to extend the time to file and or serve the application for leave to appeal, to June 27/06 AMENDED (with request of relief of $50 fee), Completed on: 2006-07-24 | John David Castle |
| 2006-07-07 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-06-23 | Motion to extend the time to file and or serve the application for leave to appeal, Proof of service and fee missing (SEE amended motion filed July 24/06), Completed on: 2006-07-24 | John David Castle |
| 2006-06-23 | Application for leave to appeal, Trial Court judgment, C/A judgment, signed C/A order missing (6th copy of the leave application rec'd July 24/06 - Trial Court judgment and C/A order rec'd Aug 4/06 C/A endorsement rec'd Sept 5/06), Completed on: 2006-09-05 | John David Castle |
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 |
|---|---|---|
| Castle, John David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ontario Securities Commission | Respondent | Active |
Counsel
Party: Castle, John David
This party is not represented by counsel.
Party: Ontario Securities Commission
Counsel
Beth S. Given
4200 TD Bank Tower, 66 Wellington Street
PO Box 20, Stn. Toronto Dom.
Toronto, Ontario
M5K 1N6
Telephone: (416) 868-3486
FAX: (416) 364-7813
Email: dhausman@tor.fasken.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.
Procedural law - Judgments and orders - Appeal - Res judicata - Abuse of Process - Whether the lower courts erred in staying the Applicant's action against the Respondent - Whether the lower courts erred in granting an order pursuant to s. 140 of the Courts of Justice Act, R.S.O. 1990, c. C43.
The Applicant, on behalf of Hamilton Airlines (2000) Inc., has attempted to file a preliminary prospectus for a proposed distribution of up to 10,000,000 "rights certificates" for aggregate proceeds of $2.5 million. The Respondent has found that revised versions of the preliminary prospectus do not meet the requirements of the Securities Act (Ontario). The Applicant has applied for reviews and reconsiderations of decisions of the Respondent and has commenced various court proceedings against it. In the action to which this application relates the Applicant claims, inter alia, injurious falsehood, breach of duty of good faith, intentional interference with economic relations and other torts.
Lower court rulings
Ontario Superior Court of Justice
04-CV-281334CM-1
Applicant's application and cross-motion dismissed; Respondent's application to permanently stay action against it granted; Applicant prohibited from commencing proceedings against the Respondent except with leave;
Court of Appeal for Ontario
C-44433
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
Not available