Case information
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32949
National Money Mart Company, et al. v. Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased, 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) |
|---|---|---|
| 2009-03-11 | Close file on Leave | |
| 2009-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-03-06 | Judgment on leave sent to the parties | |
| 2009-03-05 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C49114 and C49116, 2008 ONCA 746, dated November 3, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2009-03-05 |
Decision on motion to expedite the application for leave to appeal Granted |
|
| 2009-01-26 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-01-26 | Submission of motion to expedite the application for leave to appeal, LeB De Cro | |
| 2009-01-22 | Correspondence received from, Paul Fruitman dated Jan. 21/09 joint with the C/A order | National Money Mart Company |
| 2009-01-19 | Correspondence received from, John P. Brown dated Jan. 16/09 with C/A order form (order expected on Jan. 23/09) | National Money Mart Company |
| 2009-01-16 | Correspondence received from, David Stratas dated Jan. 16/09 re: C/A order | Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased |
| 2009-01-13 | Applicant's reply to respondent's argument, (service missing), Completed on: 2009-01-15 | National Money Mart Company |
| 2009-01-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-01-09 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2009-01-08 | Response to the motion to expedite the application for leave to appeal, (Letter Form), from F. Paul Morrison dated Jan. 7/09, Completed on: 2009-01-08 | National Money Mart Company |
| 2009-01-08 | Affidavit, of Paul Fruitman sworn Jan. 7/09 (bookform) | National Money Mart Company |
| 2009-01-06 | Book of authorities | Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased |
| 2009-01-06 | Respondent's response on the application for leave to appeal, Completed on: 2009-01-06 | Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased |
| 2009-01-06 | Correspondence received from, David Stratas dated Jan. 5/09 re: motion to expedite | Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased |
| 2008-12-30 | Motion to expedite the application for leave to appeal, (bookform) (3 add. copies requested), Completed on: 2008-12-30 | Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased |
| 2008-12-24 | Book of authorities, Vol. I & II | National Money Mart Company |
| 2008-12-24 | Application for leave to appeal, (C/A order rec'd Jan. 22/09), Completed on: 2009-01-22 | National Money Mart 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 |
|---|---|---|
| National Money Mart Company | Applicant | Active |
| Dollar Financial Group, Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased | Respondent | Active |
| Ronald Adrien Oriet | Respondent | Active |
Counsel
Party: National Money Mart Company
Counsel
John Brown
Mahmud Jamal (Osler, Hoskin & Harcourt LLP)
Christopher M. Hubbard
Suite 4700 - Toronto Dominion Bank Tower
Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7887
FAX: (416) 868-0673
Email: pmorriso@mccarthy.ca
Agent
40 Elgin Street
Suite 1400
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Party: Dollar Financial Group, Inc.
Counsel
John Brown
Mahmud Jamal (Osler, Hoskin & Harcourt LLP)
Christopher M. Hubbard
Suite 4700 - Toronto Dominion Bank Tower
Box 48
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7887
FAX: (416) 868-0673
Email: pmorriso@mccarthy.ca
Agent
40 Elgin Street
Suite 1400
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Party: Kenneth Smith, Estate Trustee of the Last Will and Testament of Margaret Smith, deceased
Counsel
David Stratas (Heenan Blaikie)
600 - 251 Goyeau St
P.O. Box 670, Stn. A
Windsor, Ontario
N9A 6V4
Telephone: (519) 561-6228
FAX: (519) 561-6203
Email: harvey@strosbergco.com
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.ca
Party: Ronald Adrien Oriet
Counsel
David Stratas (Heenan Blaikie)
600 - 251 Goyeau St
P.O. Box 670, Stn. A
Windsor, Ontario
N9A 6V4
Telephone: (519) 561-6228
FAX: (519) 561-6203
Email: harvey@strosbergco.com
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.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.
Civil procedure - Estoppel - Class actions - Arbitration - Contracts - Consumer protection - Courts - Jurisdiction - Lenders seeking to stay a class action proceeding brought by thousands of small claims by payday loan borrowers on the ground that the loan agreements contain arbitration clauses - Do the principles enunciated in Dell Computer Corp. v. Union des consommateurs, [2007] 2 S.C.R. 801 and Rogers Wireless Inc. v. Muroff, [2007] 2 S.C.R. 921 apply in the common law provinces? - How should the principles of issue estoppel apply where there has been a retroactive change in the law on a question affecting the court’s jurisdiction?
The Applicants are in the business of providing small, short-term “payday loans” with due dates connected to the borrower’s payday. The Respondents are the representative plaintiffs of a class of an estimated 210,000 borrower/members seeking damages on the basis that the rate of interest and fees charged by the Applicants exceed the rate of interest prescribed by s. 347 of the Criminal Code (Canada). The loan agreements which some borrowers executed contained arbitration clauses and class action waivers, and on that basis the Applicants sought a stay of proceedings as well as a motion for summary judgment for lack of jurisdiction over Dollar Financial Group. They were unsuccessful on those motions and on appeal, and the applications for leave to appeal to the SCC were denied.
After the SCC rendered its decisions in Dell Computer Corp. v. Union des consommateurs, [2007] 2 S.C.R. 801 and Rogers Wireless Inc. v. Muroff, [2007] 2 S.C.R. 921, National Money Mart Company relied on those decisions to again move for a stay under the Arbitration Act, 1991, S.O. 1991, c. 17, and request a decertification of the class. The Respondents brought a motion for summary judgment.
Lower court rulings
Ontario Superior Court of Justice
03-CV-1275CP
Motions for a stay of proceedings and for summary judgment, dismissed
Court of Appeal for Ontario
C49114, C49116, 2008 ONCA 746
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
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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
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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