Case information
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35094
Vasundara Raghavan, et al. v. Bell Canada, BCE 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) |
|---|---|---|
| 2013-04-04 | Close file on Leave | |
| 2013-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-04-02 | Judgment on leave sent to the parties | |
| 2013-03-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54869, 2012 ONCA 370, dated May 31, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2013-03-28 |
Decision on motion to extend time to file and /or serve the leave application, see judgment Granted |
|
| 2013-03-25 | Correspondence received from, the Raghavans dated March 25/13 (not cc to respondents) | Vasundara Raghavan |
| 2013-03-21 | Correspondence received from, Applicants dated March 21, 2013 | Vasundara Raghavan |
| 2013-03-04 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-03-04 | Submission of motion to extend time to file and/ or serve the leave application, F Ro Mo | |
| 2013-02-25 | Correspondence received from, the applicants re: return of CA order form | Vasundara Raghavan |
| 2012-11-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2012-11-26 | Supplemental document, Book of excerpts | Vasundara Raghavan |
| 2012-11-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Included in the application, Completed on: 2012-11-26 | Vasundara Raghavan |
| 2012-11-07 | Correspondence (sent by the Court) to, Applicants re: acknowledging receipt | |
| 2012-11-05 | Book of authorities, (Book Form), 2 volumes | Vasundara Raghavan |
| 2012-11-05 | Correspondence received from, Applicants dated nov 5, 2012 re: time to reply | Vasundara Raghavan |
| 2012-11-05 | Application for leave to appeal, (Book Form), CA order missing, Completed on: 2013-03-25 | Vasundara Raghavan |
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 |
|---|---|---|
| Raghavan, Vasundara | Applicant | Active |
| Raghavan, Gopalachari | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bell Canada, BCE Inc. | Respondent | Active |
| BCE Corporate Services Inc. | Respondent | Active |
| Morneau Sobeco | Respondent | Active |
Counsel
Party: Raghavan, Vasundara
This party is not represented by counsel.
Party: Raghavan, Gopalachari
This party is not represented by counsel.
Party: Bell Canada, BCE Inc.
Counsel
333 Bay Street, Suite 2900
P.O. Box 2900, Station Royal Bank Plaza
Toronto, Ontario
M5H 2T4
Telephone: (416) 643-6967
FAX: (888) 704-7254
Email: mhines@heenan.ca
Party: BCE Corporate Services Inc.
Counsel
333 Bay Street, Suite 2900
P.O. Box 2900, Station Royal Bank Plaza
Toronto, Ontario
M5H 2T4
Telephone: (416) 643-6967
FAX: (888) 704-7254
Email: mhines@heenan.ca
Party: Morneau Sobeco
Counsel
Brookfield Place, Box 754
1800 - 181 Bay Street
Toronto, Ontario
M5J 2T9
Telephone: (416) 865-4636
FAX: (416) 863-1515
Email: jheath@airdberlis.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.
Civil procedure – Motion to strike out statement of claim granted and cross-motion to amend statement of claim dismissed – Whether the Court of Appeal should have allowed an appeal or should have reconsidered its decision to dismiss the appeal.
The applicants are Ms. Raghavan, a retired employee of the respondent Bell Canada, and her husband, Mr. Raghavan. Under the Bell Canada Pension Plan, Ms. Raghavan had to choose a pension benefit option among others, but these options did not include one which had a “with survivor benefit” and a “ten year guarantee”. Ms. Raghavan claims that Bell Canada has a duty to provide such an option. The applicants attempted to negotiate this pension option twice, but Bell Canada responded that it did not offer that option.
The applicants filed a statement of claim against the respondents. They claimed that the respondents were “in breach of their fiduciary duties and trust obligations and/or their duty of good faith and/or their duty of a standard of care” by refusing to offer the pension option. They further claimed that Bell Canada engaged in bad faith dealings and breached its fiduciary duties and obligations by continuing to refuse to provide the pension option sought and by failing to explain the process of the decision. The respondents brought a motion to strike the statement of claim without leave to amend. Ms. and Mr. Raghavan brought a cross-motion for leave to amend. The statement of claim was struck without leave to amend.
Lower court rulings
Ontario Superior Court of Justice
CV-11-0714-00
Motion to strike out statement of claim granted; cross-motion to amend statement of claim dismissed
Court of Appeal for Ontario
C54869, 2012 ONCA 370
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