Case information
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33639
Adam J. Ezer v. Daniel Danzig, 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) |
|---|---|---|
| 2010-09-21 | Close file on Leave | |
| 2010-09-17 | Certificate of taxation issued to, Gordon B. Greenwood | |
| 2010-08-30 | Decision on the bill of costs, in the amount of $980.36, Reg | |
| 2010-08-27 | Submission of the bill of costs, Reg | |
| 2010-07-22 | Response to the bill of costs, CONSENT to Bill of Costs, Completed on: 2010-07-22 | Adam J. Ezer |
| 2010-07-22 | Bill of costs, (Fees to follow-rec'd Aug. 25/10), Completed on: 2010-08-25 | Macquarie Capital Markets Canada Ltd. |
| 2010-07-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-07-09 | Judgment on leave sent to the parties | |
| 2010-07-08 |
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 for Ontario, Number C50983, 2010 ONCA 174, dated February 18, 2010, is dismissed with costs to the respondent Macquarie Capital Markets Canada Ltd. Dismissed, with costs |
|
| 2010-06-07 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-05-20 | Applicant's reply to respondent's argument, Completed on: 2010-05-20 | Adam J. Ezer |
| 2010-05-10 | Book of authorities | Macquarie Capital Markets Canada Ltd. |
| 2010-05-10 | Respondent's response on the application for leave to appeal, Completed on: 2010-05-10 | Macquarie Capital Markets Canada Ltd. |
| 2010-05-07 | Respondent's response on the application for leave to appeal, (Letter Form), from G. Danzig dated May 7/10 re: they agree with the co-Respondent's response and will not be filing additional material in response (by fax), Completed on: 2010-05-07 | Daniel Danzig |
| 2010-05-04 | Correspondence received from, Adam Ezer dated May 3, 2010. Re: Return of the C/A order form | Adam J. Ezer |
| 2010-04-12 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2010-04-12 | Court of Appeal casebooks and transcripts of evidence, Appeal Book and Compendium | |
| 2010-04-12 | Application for leave to appeal, Final C/A order missing - Rec'd on June 14, 2010, Completed on: 2010-04-12 | Adam J. Ezer |
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 |
|---|---|---|
| Ezer, Adam J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Danzig, Daniel | Respondent | Active |
| Macquarie Capital Markets Canada Ltd. | Respondent | Active |
Counsel
Party: Ezer, Adam J.
Counsel
Toronto, Ontario
M4E 1E7
Telephone: (416) 926-1317
FAX: (416) 926-0940
Email: adamezer@gmail.com
Party: Danzig, Daniel
Counsel
65 Granby Street
Toronto, Ontario
M5B 1H8
Telephone: (416) 597-0000
FAX: (416) 597-6567
Email: gdanzig@ksllaw.com
Party: Macquarie Capital Markets Canada Ltd.
Counsel
3000 - 79 Wellington St. W. , TD Centre
PO Box 270, Stn. Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: afinkelstein@torys.com
Agent
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
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.
Charter of Rights and Freedom – Fundamental freedoms and Enforcement – Whether a s. 24 Charter application can be dismissed without consideration of its merits due to the doctrines of collateral attack and issue estoppel.
The applicant, Mr. Ezer commenced litigation in British Columbia against the respondents, Mr. Danzig and Macquarie Capital Markets Canada Ltd. who successfully argued that the appropriate forum was Ontario. The British Columbia Court of Appeal awarded special costs against Mr. Ezer. The cost award orders from British Columbia were registered in Ontario. The applicant’s motion to set aside the registration order was dismissed. The related application seeking the same relief and declaring the special costs order unenforceable, as being in violation of his s. 2(b) Charter right to freedom of thought, belief, opinion and expression was also dismissed. The Court of Appeal denied Mr. Ezer’s subsequent appeal.
Lower court rulings
Ontario Superior Court of Justice
Cost Orders and Certificate of Costs from British Columbia court dated February 15, 2006 and December 5, 2006 ordered to be registered in the Ontario Superior Court of Justice
Ontario Superior Court of Justice
CV-09-376052
Motion to set aside February 18, 2009 order and related Application dismissed
Court of Appeal for Ontario
C50983, 2010 ONCA 174
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
Not available