Case information
Consult our database for details on a Supreme Court of Canada case.
33106
Albert Sewell v. George Botros, 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) |
|---|---|---|
| 2011-10-11 | Close file on Leave | |
| 2009-07-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Revised copy | |
| 2009-07-02 | Judgment on leave sent to the parties, Revised copy | |
| 2009-06-30 | Record returned to the Registrar of the Court of Appeal | |
| 2009-06-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-06-12 | Judgment on leave sent to the parties | |
| 2009-06-11 |
Judgment of the Court on the application for leave to appeal, Revised June 30, 2009. The application for the extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M36591(C48614), dated January 26, 2009, is dismissed with costs to the respondents Greenwood, Muirhead, LaLonde, Debenham, Cameron and Houston. Dismissed, with costs |
|
| 2009-06-11 |
Decision on motion to extend time to file and /or serve the leave application, See judgment. Granted |
|
| 2009-05-19 | All materials on application for leave submitted to the Judges, CJ LeB Cro | |
| 2009-05-19 | Submission of motion to extend time to file and/ or serve the leave application, CJ LeB Cro | |
| 2009-05-13 | Correspondence received from, A. Sewell dated May 13/09 re: Certificate 25C included in the leave application at p. 24 (by fax - original rec'd May 19/09) | Albert Sewell |
| 2009-05-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-05-04 | Applicant's reply to respondent's argument, Completed on: 2009-05-04 | Albert Sewell |
| 2009-04-30 | Applicant's reply to respondent's argument, Completed on: 2009-04-30 | Albert Sewell |
| 2009-04-23 | Respondent's response on the application for leave to appeal, Completed on: 2009-04-23 | David Debenham |
| 2009-04-23 | Respondent's response on the application for leave to appeal, Completed on: 2009-04-23 | Stephane Lalonde |
| 2009-04-14 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from S. M. Sviergula dated April 14/09 re: respondents take no position on the motion (by fax), Completed on: 2009-04-14 | David Debenham |
| 2009-04-09 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Nelligan O'Brien Payne dated April 9/09 re: resdondents take no position on the motion (by fax), Completed on: 2009-04-09 | Stephane Lalonde |
| 2009-04-07 | Correspondence received, from A. Sewell re: copy of a letter he sent to Williams McEnery dated April 7/09 (by fax) | |
| 2009-04-07 | Correspondence received from, A. Sewell dated April 7/09 re: p. 24 - error in the date of the signature should be March 26, 2009 and not January 26, 2009 (inserted in books) | Albert Sewell |
| 2009-04-07 | Motion to extend the time to file and or serve the application for leave to appeal, to serve other respondents, Completed on: 2009-04-07 | Albert Sewell |
| 2009-04-02 | Correspondence received from, A. Sewell dated April 1/09 re: transfer of the Ontario Court of Appeal file by Purolator (by fax) | Albert Sewell |
| 2009-04-02 | Appeal Court record, (1 box) | |
| 2009-03-27 | Correspondence received, by A. Sewell re: copy of the letter dated March 26/09 addressed to the Registrar of the Ontario C/A requesting the C/A file be sent to us (by fax) | |
| 2009-03-26 | Court of Appeal casebooks and transcripts of evidence, "Transcription", "Appellant's Motion Record" and Factum of the Moving Party" | |
| 2009-03-26 | Application for leave to appeal, Form 25B filed April 3/09, Completed on: 2009-04-06 | Albert Sewell |
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 |
|---|---|---|
| Sewell, Albert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| George Botros | Respondent | Active |
| spouse of George Botros, Mouris Botros, Raga Botros | Respondent | Active |
| 4188381 Canada Inc., Zia Rehman | Respondent | Active |
| Rod A. Vanier | Respondent | Active |
| St. Georges and St. Antony Coptic Orthodox Church of Ottawa, Father Mikhael Fam | Respondent | Active |
| Stephane Lalonde | Respondent | Active |
| First Estate Realty Limited, Al Hasan Harb | Respondent | Active |
| David Debenham | Respondent | Active |
| Gordon Greenwood, Paul Muirhead | Respondent | Active |
| Gordon Cameron and Robert Houston | Respondent | Active |
Counsel
Party: Sewell, Albert
This party is not represented by counsel.
Party: George Botros
Counsel
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 237-0520 Ext: 238
FAX: (613) 237-3163
Email: amoscoe@williamsmcenery.com
Party: spouse of George Botros, Mouris Botros, Raga Botros
Counsel
169 Gilmour Street
Ottawa, Ontario
K2P 0N8
Telephone: (613) 237-0520 Ext: 238
FAX: (613) 237-3163
Email: amoscoe@williamsmcenery.com
Party: 4188381 Canada Inc., Zia Rehman
Counsel
Ottawa, Ontario
K1J 9C1
Telephone: (613) 744-7763
FAX: (613) 744-2551
Party: Rod A. Vanier
Counsel
Ottawa, Ontario
K2G 6B1
Telephone: (613) 226-2300
FAX: (613) 226-8767
Email: pooranlaw@bellnet.ca
Party: St. Georges and St. Antony Coptic Orthodox Church of Ottawa, Father Mikhael Fam
Counsel
Ottawa, Ontario
K1G 4Z7
Telephone: (613) 729-9704
FAX: (613) 729-1524
Email: jdempster@sympatico.ca
Party: Stephane Lalonde
Counsel
1500 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8224
FAX: (613) 788-3654
Email: allan.obrien@nelligan.ca
Party: First Estate Realty Limited, Al Hasan Harb
This party is not represented by counsel.
Party: David Debenham
Counsel
Heather J. Williams
401 - 1111 Prince of Wales Dr.
Ottawa, Ontario
K2C 3T2
Telephone: (613) 780-2009
FAX: (613) 569-8668
Email: ssviergula@cavanaghwilliams.com
Party: Gordon Greenwood, Paul Muirhead
Counsel
1500 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8224
FAX: (613) 788-3654
Email: allan.obrien@nelligan.ca
Party: Gordon Cameron and Robert Houston
Counsel
Heather J. Williams
401 - 1111 Prince of Wales Dr.
Ottawa, Ontario
K2C 3T2
Telephone: (613) 780-2009
FAX: (613) 569-8668
Email: ssviergula@cavanaghwilliams.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.
Civil procedure - Abuse of process - Whether the Court of Appeal erred when it dismissed the Applicant’s appeal from the order striking out the Applicant’s statement of claim without leave to amend it?
The Botros Respondents were owners of real property from which the Applicant took a second mortgage. They decided to sell the property to the Respondent 4188381 Canada Inc. which was incorporated by the Respondent Rehman for this purpose. The Applicant claimed the mortgage was in default and commenced power of sale proceedings. He also commenced an application seeking an award for the amounts allegedly due under the second mortgage plus additional costs. Kealey J. heard the application and found that the Applicant was not a victim of fraud or misrepresentation. It was further found that the Applicant needlessly escalated whatever costs and expenses may have incurred without legal justification. The Applicant’s appeal was dismissed and the Applicant brought an application to the Supreme Court of Canada for leave to appeal. The Applicant filed the present action against the Respondents on the same day that that application was dismissed.
Several of the Respondents were lawyers representing the Respondents Botros, 4188381 Canada Inc., Rehman and the Applicant in the earlier proceeding. The Applicant also included as Respondents in this action the listing and selling agents in respect of the property in issue.
Lower court rulings
Ontario Superior Court of Justice
06-CV-35012
Application dismissed as being res judicata and frivolous, vexatious or an abuse of process
Court of Appeal for Ontario
M36534 (C48614)
Application to extend time to appeal dismissed
Court of Appeal for Ontario
M36591(C48614)
Motion to review the order of MacFarland J.A. 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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