Case information
Consult our database for details on a Supreme Court of Canada case.
33402
City of Winnipeg v. Manufacturers Life Insurance Company (formerly North American Life Assurance Company), et al.
(Manitoba) (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) |
|---|---|---|
| 2011-06-09 | Close file on Leave | |
| 2011-06-06 | Certificate of taxation issued to, Henry S. Brown | |
| 2011-06-03 | Decision on the bill of costs, in the amount of $1,727.84, Reg | |
| 2011-05-30 | Correspondence received from, H.S. Brown, Q.C., by fax, re.: taxation | Manufacturers Life Insurance Company (formerly North American Life Assurance Company) |
| 2011-05-17 | Submission of the bill of costs, Reg | |
| 2011-03-10 | Bill of costs, AMENDED, cc. Stephen J. Grace, Completed on: 2011-03-10 | Manufacturers Life Insurance Company (formerly North American Life Assurance Company) |
| 2011-02-14 | Submission of the bill of costs, Reg | |
| 2010-07-23 | Response to the bill of costs, cc. Henry S. Brown, Completed on: 2010-07-23 | City of Winnipeg |
| 2010-07-14 | Bill of costs, Fees to follow (rec'd June 7/11), Completed on: 2011-06-07 | Manufacturers Life Insurance Company (formerly North American Life Assurance Company) |
| 2010-04-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-09 | Judgment on leave sent to the parties | |
| 2010-04-08 |
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 of Manitoba, Number AI 07-30-06779, 2009 MBCA 83, dated September 1st, 2009, is dismissed with costs to the respondents. Dismissed, with costs |
|
| 2010-02-22 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-12-10 | Applicant's reply to respondent's argument, Reply to both responses, Completed on: 2009-12-10 | City of Winnipeg |
| 2009-12-02 | Respondent's response on the application for leave to appeal, Completed on: 2009-12-02 | Pitblado & Hoskin |
| 2009-11-30 | Respondent's response on the application for leave to appeal, Completed on: 2009-11-30 | Manufacturers Life Insurance Company (formerly North American Life Assurance Company) |
| 2009-11-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-11-02 | Book of authorities | City of Winnipeg |
| 2009-11-02 | Application for leave to appeal, Final CA Order missing (rec'd. Nov.20-09), Completed on: 2009-11-20 | City of Winnipeg |
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 |
|---|---|---|
| City of Winnipeg | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manufacturers Life Insurance Company (formerly North American Life Assurance Company) | Respondent | Active |
| Pitblado & Hoskin | Respondent | Active |
Counsel
Party: City of Winnipeg
Counsel
3rd Floor, 185 King Street
Winnipeg, Manitoba
R3B 1J1
Telephone: (204) 986-2458
FAX: (204) 947-9155
Email: mo'neill@winnipeg.ca
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Manufacturers Life Insurance Company (formerly North American Life Assurance Company)
Counsel
Russ Wookey
1200 - 330 ST MARY AVE
WINNIPEG, Manitoba
R3C 4E1
Telephone: (204) 925-5355
FAX: (204) 943-4243
Email: bmeronek@darcydeacon.com
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: Pitblado & Hoskin
Counsel
Nicole M. Watson
30th Flr., Commodity Exchange Twr.
360 Main St.
Winnipeg, Manitoba
R3C 4G1
Telephone: (204) 957-4691
FAX: (204) 957-0840
Email: kferbers@mltaikins.com
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
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.
Torts – Negligence – Nelgilent Misrepresentation – Whether Court of Appeal erred in extending the standard of care in a negligent misrepresentation case to the point that a representor is responsible for all inferences that can be reasonably drawn from its representation – Whether Court of Appeal erred in assessing the standard of care in a negligent misrepresentation case without considering that the representor was responding to incomplete or inaccurate information provided by the representee – Whether Court of Appeal erred by applying a palpable and overriding error test in refusing to correct errors of law – Whether Court of Appeal erred in refusing to apply contributory negligence principles in a negligent misrepresentation case.
Two lots of commercial land abut a highway and are separated by a parcel of land owned by the City of Winnipeg. Winnipeg leased its land to the owner of the lots for use as parking and highway access. It also leased the same land to a landlocked commercial enterprise located behind one of the lots, also for parking and highway access. A developer bought the lots and took an assignment of the lease, with intent to develop the two lots. The proposed development depended upon unencumbered control over Winnipeg's parcel of land. Manufacturers Life Insurance Company was the developer's mortgagee Before advancing mortgage proceeds, it retained a law firm, Pitblado & Hoskin, to negotiate modifications to the lease necessary for the viability of the project. During the negotiations, neither Winnipeg nor Pitblado & Hoskin informed Manufacturers Life that the land was subject to another lease. Winnipeg provided documents that did not refer to the competing lease. Manufacturers Life assumed that the developer was obtaining an unencumbered lease and advanced $4.15 million to the developer. The development was compromised by the competing leasehold interest and the project floundered. The developer defaulted and Manufacturers Life sold the land under power of sale. It suffered a deficiency and it commenced an action against Pitblado & Hoskin and Winnipeg.
Lower court rulings
Court of Queen’s Bench of Manitoba
2007 MBQB 72, CI 93-01-72033
City of Winnipeg and Pitblado & Hoskin held liable; $6,365,275.60 awarded to respondent; 75% liability apportioned to City of Winnipeg
Court of Appeal of Manitoba
2009 MBCA 83, AI 07-30-06779
Appeal by City of Winnipeg allowed in respect of calculation of post-judgment interest only; Cross-appeal by Pitblado & Hoskin allowed and finding of liability and apportionment against it set aside
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
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 613-996-8666 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