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.
33974
James Alexander Livingston v. RBC Financial Group, 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) |
|---|---|---|
| 2011-06-07 | Close file on Leave | |
| 2011-06-03 | Certificate of taxation issued to, Sally Gomery | |
| 2011-06-01 | Decision on the bill of costs, in the amount of $1,625.11, Reg | |
| 2011-06-01 | Submission of the bill of costs, Reg | |
| 2011-05-31 | Correspondence received from, From Sally Gomery dated May 31, 2011. RE: Ogilvy Renault LLP will be known as Norton Rose OR LLP as of June 1, 2011 | RBC Financial Group |
| 2011-05-27 | Response to the bill of costs, Completed on: 2011-05-27 | James Alexander Livingston |
| 2011-05-17 | Bill of costs, Completed on: 2011-05-17 | RBC Financial Group |
| 2011-05-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-13 | Judgment on leave sent to the parties | |
| 2011-05-12 |
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 M39048, dated October 27, 2010, is dismissed with costs. The request for special costs award is denied. Dismissed, with costs |
|
| 2011-03-28 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2011-01-17 | Applicant's reply to respondent's argument, Completed on: 2011-01-17 | James Alexander Livingston |
| 2011-01-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-01-06 | Book of authorities | RBC Financial Group |
| 2011-01-06 | Respondent's response on the application for leave to appeal, Completed on: 2011-01-06 | RBC Financial Group |
| 2010-12-21 | Application for leave to appeal, 1 CD of Appendix A of Court of appeal, Completed on: 2010-12-21 | James Alexander Livingston |
| 2010-11-29 | Notice of application for leave to appeal, Completed on: 2010-11-29 | James Alexander Livingston |
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 |
|---|---|---|
| Livingston, James Alexander | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| RBC Financial Group | Respondent | Active |
| RBC Dominion Securities Inc., Jeffery Smart, Peter J. Peterson, Annie McConnell, W.L. Knight, Leslie Ince-Mercer | Respondent | Active |
Counsel
Party: Livingston, James Alexander
This party is not represented by counsel.
Party: RBC Financial Group
Counsel
Marc S. Kestenberg
200 Bay Street
P.O. Box 84
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4073
FAX: (416) 216-1981
Email: jeremy.devereux@nortonrose.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.com
Party: RBC Dominion Securities Inc., Jeffery Smart, Peter J. Peterson, Annie McConnell, W.L. Knight, Leslie Ince-Mercer
Counsel
Marc S. Kestenberg
200 Bay Street
P.O. Box 84
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4073
FAX: (416) 216-1981
Email: jeremy.devereux@nortonrose.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.com
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.
Appeals — Civil procedure — Costs — Applicant’s action dismissed in Superior Court as a result of his failure to pay outstanding cost orders — Applicant’s appeal to set aside order dismissed and leave to appeal to Court of Appeal denied — Whether the lower courts erred in their decisions?
The respondents’ brought a motion to have the applicant’s action dismissed or stayed for failure to pay outstanding costs orders. In September, 2009, the motion was stayed for 30 days and it was ordered the respondents could proceed with a motion to dismiss the action if the outstanding cost orders were not paid by November 9, 2009.
On November 9, 2009, the applicant’s action was dismissed in Superior Court, as a result of his failure to pay these outstanding cost orders. The Divisional Court dismissed the applicant’s appeal of the dismissal order. The Court of Appeal dismissed the applicant’s motion for leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
Applicant’s request for adjournment denied; Respondents’ dismissal motion granted and Applicant’s action dismissed
Ontario Superior Court of Justice
CV-08-357404
Appeal to set aside order of Master McAfee, dismissed
Court of Appeal for Ontario
M39048
Application for leave to appeal to Court of Appeal for Ontario, denied
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