Case information
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31584
TD Insurance Home and Auto, formerly Liberty Insurance Company of Canada, formerly Liberty Mutual Insurance Company v. Ajeevan Sivakumar, a minor by his litigation guardian, Narendran Sivabalasingam, 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) |
|---|---|---|
| 2007-05-25 | Close file on Leave | |
| 2007-05-25 | Certificate of taxation issued to, E. Heath of Nancy, Ralph & Associates | |
| 2007-05-23 | Decision on the bill of costs, taxed at the amount of $767.38, Reg | |
| 2007-05-22 | Submission of the bill of costs, Reg | |
| 2007-05-11 | Bill of costs, Completed on: 2007-05-15 | Ajeevan Sivakumar, a minor by his litigation guardian, Narendran Sivabalasingam |
| 2007-01-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-01-19 | Judgment on leave sent to the parties | |
| 2007-01-18 |
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 C43991, dated May 25, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2006-11-27 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-09-20 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-20 | Ajeevan Sivakumar, a minor by his litigation guardian, Narendran Sivabalasingam |
| 2006-09-01 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-08-23 | Application for leave to appeal, service (rcvd. Sept 7/06), Completed on: 2006-09-07 | TD Insurance Home and Auto, formerly Liberty Insurance Company of Canada, formerly Liberty Mutual Insurance Company |
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 |
|---|---|---|
| TD Insurance Home and Auto, formerly Liberty Insurance Company of Canada, formerly Liberty Mutual Insurance Company | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ajeevan Sivakumar, a minor by his litigation guardian, Narendran Sivabalasingam | Respondent | Active |
| Ahilaverni Sivakumar and Murugesu Sivakumar | Respondent | Active |
Counsel
Party: TD Insurance Home and Auto, formerly Liberty Insurance Company of Canada, formerly Liberty Mutual Insurance Company
Counsel
Suzanne Courtlander
David Silverstone
1005 Skyview Drive
Suite 122
Burlington, Ontario
M4S 3A6
Telephone: (905) 315-5800
FAX: (905) 315-7619
Email: eric.sigurdson@melochemonnex.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Ajeevan Sivakumar, a minor by his litigation guardian, Narendran Sivabalasingam
Counsel
Charlia von Buchwald
439 University Avenue
Suite 1920
Toronto, Ontario
M5G 1Y8
Telephone: (416) 977-1966
FAX: (416) 977-7332
Party: Ahilaverni Sivakumar and Murugesu Sivakumar
Counsel
Charlia von Buchwald
439 University Avenue
Suite 1920
Toronto, Ontario
M5G 1Y8
Telephone: (416) 977-1966
FAX: (416) 977-7332
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.
Civil procedure - Preservation of evidence - Taking evidence before trial - Whether Superior Court has jurisdiction to preserve evidence and order examination under oath prior to formal commencement of civil action - Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 36.01 - Courts of Justice Act, R.S.O. 1990, c. C.43, s. 146.
The Respondent minor was injured when he was five and a half months old. The child's father was the owner of a vehicle insured by the Applicant, and the family put the Applicant on notice that it intended to commence legal action against the insurer. In the opinion of each of three experts retained by the Applicant, the child's injuries were probably caused by a fall down the stairs, and not by a motor vehicle accident. The Applicant applied for an order requiring the examination under oath of the three expert witnesses for the purpose of preserving their evidence for trial.
Lower court rulings
Ontario Superior Court of Justice
04-CV-279991CM2
Applicant's motion for an order requiring the examination under oath of three experts granted
Court of Appeal for Ontario
C43991
Appeal allowed
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
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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
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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