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.
32025
Swapan Kumar Mazumder v. Bell Canada, 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) |
|---|---|---|
| 2007-12-18 | Close file on Leave | |
| 2007-12-14 | Certificate of taxation issued to, Henry S. Brown, Q.C. | |
| 2007-12-07 | Decision on the bill of costs, (in the amount of $1,163.56), Reg | |
| 2007-12-07 | Submission of the bill of costs, Reg | |
| 2007-10-26 | Bill of costs, (fees rec'd Dec. 17/07), Completed on: 2007-12-18 | Bell Canada |
| 2007-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-09-21 | Judgment on leave sent to the parties | |
| 2007-09-20 |
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 C45521, dated March 1, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-09-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2007-07-16 | Submission of motion to extend time to file and/ or serve the leave application, Ba LeB F | |
| 2007-07-16 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-05-28 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Jason Squire dated May 28/07, Completed on: 2007-05-28 | Bell Canada |
| 2007-05-28 | Respondent's response on the application for leave to appeal, Completed on: 2007-05-28 | Bell Canada |
| 2007-05-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-05-04 | Motion to extend the time to file and or serve the application for leave to appeal, to serve and file to May 4th/07 (filed separately), Completed on: 2007-05-04 | Swapan Kumar Mazumder |
| 2007-05-04 | Application for leave to appeal, Completed on: 2007-05-09 | Swapan Kumar Mazumder |
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 |
|---|---|---|
| Mazumder, Swapan Kumar | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bell Canada | Respondent | Active |
| Tom Varga and Patti McIlveen | Respondent | Active |
Counsel
Party: Mazumder, Swapan Kumar
Counsel
200-393 University Avenue
Toronto, Ontario
M5G 1E6
Telephone: (416) 599-9635
FAX: (416) 599-6043
Email: daphnejohnston@lawchambers.com
Party: Bell Canada
Counsel
Jason Squire
48 Yonge St., 11th floor
Toronto, Ontario
M5E 1G6
Telephone: (416) 304-6404
FAX: (416) 304-6406
Email: hdesbrisay@hodgsonshields.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: Tom Varga and Patti McIlveen
Counsel
Jason Squire
48 Yonge St., 11th floor
Toronto, Ontario
M5E 1G6
Telephone: (416) 304-6404
FAX: (416) 304-6406
Email: hdesbrisay@hodgsonshields.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
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.
Torts - Summary judgment - Whether a court can refuse to set aside summary judgment on the grounds of fraud or fresh evidence.
Mazumder was charged and convicted of making harassing and threatening telephone calls to his estranged wife's place of employment. On appeal, after the admission of new evidence showed that calls made while Mazumder was in custody could not have been made by him since he had no access to a phone, the conviction was set aside. Mazumder alleges that the Respondent, Bell Canada and Varga and McIlveen, who are or were employees of Bell Canada at the relevant time, owed him a duty of care when they responded to inquiries by the police and responded to the search warrant executed by the police. He claimed that had Bell Canada and its employees not breached their duty, it is possible that he would not have been convicted and put through the experience he had to suffer.
The Respondents successfully brought a motion for summary judgment. It was upheld by the Court of Appeal and leave to the Supreme Court of Canada was denied. Mazumder then brought a motion to set aside the order dismissing the action on the basis of fraud and fresh evidence. The motion was denied and the decision was upheld by the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
99-CV-180901CM
see file / voir dossier
Court of Appeal for Ontario
C38701
see file / voir dosssier
Court of Appeal for Ontario
C45521
see file / voir dossier
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