Case information
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34355
Norman B. Lipson, et al. v. Gentra Canada Investments Inc.
(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) |
|---|---|---|
| 2012-03-06 | Close file on Leave | |
| 2012-03-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-02 | Judgment on leave sent to the parties | |
| 2012-03-01 |
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 C51903, 2011 ONCA 331, dated April 29, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-01-06 | Correspondence received from, Marie-France Major dated January 6, 2012. Re: Agent has changed law firm | Gentra Canada Investments Inc. |
| 2011-12-19 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2011-10-14 | Applicant's reply to respondent's argument, Completed on: 2011-10-14 | Norman B. Lipson |
| 2011-10-04 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-04 | Gentra Canada Investments Inc. |
| 2011-09-06 | Application for leave to appeal, Completed on: 2011-09-06 | Norman B. Lipson |
| 2011-08-08 | Order on motion to extend the time to file and/or serve the leave application | |
| 2011-08-08 |
Decision on motion to extend time to file and /or serve the leave application, Cro, to Sept. 5/11 Granted |
|
| 2011-08-08 | Submission of motion to extend time to file and/ or serve the leave application, Cro | |
| 2011-06-24 | Response to the motion to extend the time to file and / or serve the leave application, (joint with motion), Completed on: 2011-06-24 | Gentra Canada Investments Inc. |
| 2011-06-24 | Motion to extend the time to file and or serve the application for leave to appeal, to Sept. 5/11 (consent from respondents included), Completed on: 2011-06-29 | Norman B. Lipson |
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 |
|---|---|---|
| Lipson, Norman B. | Applicant | Active |
| Rubinoff, Fogler | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gentra Canada Investments Inc. | Respondent | Active |
Counsel
Party: Lipson, Norman B.
Counsel
Tina H. Lie
501-250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4318
FAX: (416) 646-4301
Email: chris.paliare@paliareroland.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Rubinoff, Fogler
Counsel
Tina H. Lie
501-250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4318
FAX: (416) 646-4301
Email: chris.paliare@paliareroland.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Gentra Canada Investments Inc.
Counsel
Anne E. Posno
Marie-France Major
130 Adelaide Street West
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2929
FAX: (416) 865-3711
Email: rslaght@litigate.com
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
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.
Law of professions — Barristers and solicitors — Professional liability — Civil procedure — Actions — Assignability — Mortgages being assigned to respondent on an “as is” basis — Respondent commencing action claiming damages against applicant solicitors for negligence and breach of contract — Motion judge finding that assignment of mortgages included assignment of cause of action against applicants — Whether a cause of action arising from solicitor-client relationship can be assigned — Whether a third party assignee can assert a cause of action against a solicitor arising from the solicitor-client relationship in the absence of the client.
The respondent was the assignee of two mortgages from Royal Trust. The mortgages were prepared for Royal Trust by the applicant law firm. The respondent commenced an action claiming damages against the applicants for negligence and breach of contract. The respondent brought a motion seeking confirmation of the right to pursue the action and that all necessary plaintiffs had been named. The motion judge found that the assignment of the two mortgages included the assignment of the cause of action against the applicants. She concluded that the respondent could recover the same damages that Royal Trust would have been entitled to as if there had been no assignment. The Court of Appeal upheld that decision.
Lower court rulings
Ontario Superior Court of Justice
00-CV-185831
Respondent entitled to declaration that there was a valid assignment of cause of action
Court of Appeal for Ontario
C51903, 2011 ONCA 331
Appeal in respect of respondent dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
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