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.
34939
Norma Irene Jacques v. Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased
(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) |
|---|---|---|
| 2013-04-11 | Close file on Leave | |
| 2013-04-10 | Certificate of taxation issued to, Henry S. Brown | |
| 2013-04-10 | Decision on the bill of costs, in the amount of $1,549.25, Reg | |
| 2013-04-10 | Submission of the bill of costs, Reg | |
| 2013-01-16 | Bill of costs, (proof of service rcv'd Apr. 10/13), Completed on: 2013-04-10 | Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased |
| 2012-12-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-12-07 | Judgment on leave sent to the parties | |
| 2012-12-06 |
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 C54429, 2012 ONCA 371, dated May 30, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-10-29 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2012-10-04 | Applicant's reply to respondent's argument, Completed on: 2012-10-04 | Norma Irene Jacques |
| 2012-09-24 | Respondent's response on the application for leave to appeal, (Book Form), (Arguments rec'd by e-mail), Completed on: 2012-09-24 | Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased |
| 2012-08-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-08-24 | Application for leave to appeal, (Book Form), CD rec'd, Completed on: 2012-08-24 | Norma Irene Jacques |
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 |
|---|---|---|
| Jacques, Norma Irene | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased | Respondent | Active |
Counsel
Party: Jacques, Norma Irene
Counsel
David M. Smith
Holly LeValliant
141 Adelaide Street West
Suite 1700
Toronto, Ontario
M5H 3L5
Telephone: (416) 369-1140
FAX: (416) 369-1517
Email: ihull@hullandhull.com
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased
Counsel
50 Queen Street North
Suite 1020
Kitchener, Ontario
N2H 6M2
Telephone: (519) 576-6970
FAX: (519) 576-6030
Email: ross.earnshaw@gowlingwlg.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.
Civil procedure – Limitation of action - Administration of estates – Executors and administrators – Fraudulent concealment – Whether the failure of an estate trustee to distribute estate assets to a beneficiary constitutes unconscionable conduct and whether that unconscionable conduct is sufficient to establish fraudulent concealment? – Whether proof of how or why an estate trustee failed to perform its fundamental duty is a necessary element of fraudulent concealment and, if so, who bears the burden of proof?
Norman Otto Hipel, the applicant Norma Jacques’ father, died in 1953. In his will, he provided for the appointment of the Waterloo Trust & Savings Company (predecessor of The Canada Trust Company), as estate trustee. The assets of the estate were to be held in trust for the lifetime of Mr. Hipel’s spouse and thereafter were to pass to her children. Mr. Hipel’s spouse died in 1978.
In 2005, Mrs. Jacques commenced an action against the respondent seeking damages for breach of trust, breach of fiduciary duty and a claim for negligence, alleging that she never received her share of her father’s estate.
Lower court rulings
Ontario Superior Court of Justice
2011 ONSC 5259, E-564-05
Action against the respondent dismissed
Court of Appeal for Ontario
2012 ONCA 371, C54429
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
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