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.
33909
Tax Stop Ltd., et al. v. Rocky Motors Inc., 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) |
|---|---|---|
| 2011-06-03 | Close file on Leave | |
| 2011-05-30 | Certificate of taxation issued to, Owen D. Thomas | |
| 2011-05-25 | Decision on the bill of costs, in the amount of $1,380.86, Reg | |
| 2011-05-25 | Submission of the bill of costs, Reg | |
| 2011-03-02 | Bill of costs, Completed on: 2011-03-02 | Rocky Motors Inc. |
| 2011-01-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-01-28 | Judgment on leave sent to the parties | |
| 2011-01-27 |
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 M38254, 2010 ONCA 779, dated August 20, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2010-12-13 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-11-17 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-17 | Rocky Motors Inc. |
| 2010-10-25 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-10-18 | Application for leave to appeal, (C/A order not available), Completed on: 2010-12-13 | Tax Stop Ltd. |
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 |
|---|---|---|
| Tax Stop Ltd. | Applicant | Active |
| Schneider, Gerhard M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rocky Motors Inc. | Respondent | Active |
| Najjar, Rami Al | Respondent | Active |
Counsel
Party: Tax Stop Ltd.
This party is not represented by counsel.
Party: Schneider, Gerhard M.
This party is not represented by counsel.
Party: Rocky Motors Inc.
Counsel
2510 Ouellette Avenue
Suite 202
Windsor, Ontario
N8X 1L4
Telephone: (519) 250-0894
FAX: (519) 966-1869
Party: Najjar, Rami Al
Counsel
2510 Ouellette Avenue
Suite 202
Windsor, Ontario
N8X 1L4
Telephone: (519) 250-0894
FAX: (519) 966-1869
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.
Courts – Jurisdiction – Judgments and Orders – Reasons – Damages - Evidence – Torts – Misrepresentation –Whether the Court of Appeal for Ontario erred in refusing leave to appeal and in failing to give reasons – Whether the Divisional Court erred in holding that it had jurisdiction to hear the arguments of the respondents and to consider evidence tendered to it for the first time on appeal, when the respondents had failed to file a defence – Whether the Divisional Court erred in concluding that no cause of action was pleaded properly against the respondent Rami Al Najjar when the Statement of Claim of the applicants clearly contained all the elements of the causes of action of breach of contract and fraudulent misrepresentation – Whether the Divisional Court erred in holding that there was no palpable or overriding error made in determining the quantum of damages sustained by the applicants.
The Tax Shop Ltd. purchased a vehicle from Rocky Motors Inc., allegedly relying on representations made on behalf of the latter that the car had never been in an accident. The Tax Shop Inc. subsequently discovered that the car had been involved in three accidents. The applicants filed a statement of claim alleging fraudulent misrepresentation and damages, and claiming an amount of $100,000. After the Ontario Superior Court of Justice granted a default judgment against Rocky Motors Inc., the applicants appealed to the Divisional Court. Although the Court found that documents had been considered by the lower court that did not, as a matter of law, qualify as evidence, it agreed to a proposal by the parties to consider the matter on its merits. The applicants’ evidence was treated as if it was properly admitted, and the respondents were permitted to tender material subsequent to the noting in default.
Lower court rulings
Ontario Superior Court of Justice
CV-08-11675
Default judgment granted against respondent Rocky Motors Inc.; applicants awarded sum of $4,765.43 plus costs; applicants’ action otherwise dismissed
Ontario Superior Court of Justice
1755
Appeal dismissed
Court of Appeal for Ontario
2010 ONCA 779, M38254
Leave to appeal refused with costs
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