Case information
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35171
Julie Willmot v. Committee of Adjustment for the Corporation of the City of Quinte West, 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) |
|---|---|---|
| 2013-08-14 | Close file on Leave | |
| 2013-08-14 | Certificate of taxation issued to, Nadia Effendi | |
| 2013-08-14 | Decision on the bill of costs, in the amount of $2,337.80, DeRg | |
| 2013-08-14 | Submission of the bill of costs, DeRg | |
| 2013-07-18 | Response to the bill of costs, from Julie Willmot by mail, dated July 11, 2013 (proof of service rcv'd July 19/13), Completed on: 2013-07-18 | Julie Willmot |
| 2013-07-11 | Bill of costs, (Joint), Completed on: 2013-07-11 | Committee of Adjustment for the Corporation of the City of Quinte West |
| 2013-06-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-06-14 | Judgment on leave sent to the parties | |
| 2013-06-13 |
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, Numbers C55547 and C55548, 2012 ONCA 825, dated November 23, 2012, is dismissed with costs. The ancillary motions filed by the applicant are dismissed. Dismissed, with costs |
|
| 2013-06-13 |
Decision on the miscellaneous motion, F Ro Mo, see judgment Dismissed |
|
| 2013-05-09 | Correspondence received from, Ms. Willmot dated May 3/13 | Julie Willmot |
| 2013-05-06 | Submission of miscellaneous motion, (further to the order of Karakatsanis dated April 3, 2013), F Ro Mo | |
| 2013-05-06 | Submission of motion to adduce new evidence, F Ro Mo | |
| 2013-05-06 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-05-03 | Response to the motion to adduce new evidence, Completed on: 2013-05-03 | Corporation of the City of Quinte West |
| 2013-04-23 | Motion to adduce new evidence, (Book Form), Completed on: 2013-04-23 | Julie Willmot |
| 2013-04-05 | Correspondence received from, Julie Willmot dated March 30, 2013. Re: Status of the Court of Appeal order | Julie Willmot |
| 2013-04-03 | Order on miscellaneous motion, (by KARAKATSANIS J.) | |
| 2013-04-03 |
Decision on the miscellaneous motion, Ka, UPON APPLICATION by the applicant for an order reviewing the order of the Deputy Registrar dated March 1, 2013, dismissing the motion to dispense the applicant with the requirement to file an issued and entered order from the Court of Appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed. The requests for an order for the appointment of an amicus curiae, an order permitting the applicant to bring her dog to the hearing of the appeal to provide emotional support, and an anonymization order or a sealing order, are referred to the panel of judges who will decide the application for leave to appeal Allowed in part |
|
| 2013-04-03 | Submission of miscellaneous motion, Ka | |
| 2013-04-02 | Correspondence received from, Julie Willmot dated March 25, 2013. Re: Letter adressed to David Demille | Julie Willmot |
| 2013-03-21 | Notice of miscellaneous motion, (Book Form), for an order reviewing the order of the Deputy Registrar; appointing Barry Swadron as amicus curiae and substituting the name Jane Doe for the applicant, Completed on: 2013-04-02 | Julie Willmot |
| 2013-03-04 | Correspondence received from, Julie Willmot Re: Requesting from the respondents the final order of the Court of Appeal | Julie Willmot |
| 2013-03-01 | Order on miscellaneous motion, (by the DEPUTY REGISTRAR) | |
| 2013-03-01 |
Decision on the miscellaneous motion, DeRg, UPON APPLICATION by the applicant for an order dispensing with the requirement to file an issued and entered order from the Court of Appeal dated November 23, 2012; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed with costs Dismissed, with costs |
|
| 2013-03-01 | Submission of miscellaneous motion, DeRg | |
| 2013-02-25 | Applicant's reply to respondent's argument, Completed on: 2013-02-25 | Julie Willmot |
| 2013-02-15 | Response to miscellaneous motion, Included in the response, Completed on: 2013-02-15 | Committee of Adjustment for the Corporation of the City of Quinte West |
| 2013-02-15 | Respondent's response on the application for leave to appeal, Joint, Completed on: 2013-02-15 | Committee of Adjustment for the Corporation of the City of Quinte West |
| 2013-02-15 | Correspondence received from, Julie Willmot dated February 11, 2013. Re: Response to a letter dated February 12, 2013. | Julie Willmot |
| 2013-01-31 | Notice of miscellaneous motion, (Book Form), Dispensing with the requirement to file an issued and entered order from the Court of Appeal, Completed on: 2013-01-31 | Julie Willmot |
| 2013-01-31 | Correspondence received from, Julie Willmot Re: Return of the C/A order form | Julie Willmot |
| 2013-01-30 | Correspondence received from, Suzanne Hunt dated January 30, 2013. Re: Draft order for review | Committee of Adjustment for the Corporation of the City of Quinte West |
| 2013-01-25 | Correspondence received from, Suzanne Hunt dated January 25, 2013. Re: Draft C/A order to be signed | Committee of Adjustment for the Corporation of the City of Quinte West |
| 2013-01-21 | Correspondence received from, Suzanne Hunt dated January 21, 2013. Re: Missing tabs 13 & 14 of application | Committee of Adjustment for the Corporation of the City of Quinte West |
| 2013-01-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened | |
| 2013-01-14 | Correspondence received, From Daniel Huffaker for the Attorney General of Ontario dated January 14, 2013. Re: Will not be filing a response | |
| 2013-01-08 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2013-01-08 | Application for leave to appeal, C/A order missing - Rec'd on May 2, 2013, Completed on: 2013-05-02 | Julie Willmot |
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 |
|---|---|---|
| Willmot, Julie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Committee of Adjustment for the Corporation of the City of Quinte West | Respondent | Active |
| Corporation of the City of Quinte West | Respondent | Active |
| Corporation of the Lower Trent Region Conservation Authority | Respondent | Active |
| Crowe, Marlene | Respondent | Active |
| Crowe, Steven | Respondent | Active |
Counsel
Party: Willmot, Julie
This party is not represented by counsel.
Party: Committee of Adjustment for the Corporation of the City of Quinte West
Counsel
Suzanne Hunt
200 - 205 Dundas Street East
P.O. Box 234, Station Main
Belleville, Ontario
K8N 5A2
Telephone: (613) 966-2620
FAX: (613) 966-2866
Email: ddemille@tmlegal.ca
Party: Corporation of the City of Quinte West
Counsel
200 - 205 Dundas Street East
P.O. Box 234, Station Main
Belleville, Ontario
K8N 5A2
Telephone: (613) 966-2620
FAX: (613) 966-2866
Email: ddemille@tmlegal.ca
Party: Corporation of the Lower Trent Region Conservation Authority
Counsel
Scotia Plaza, Suite 5800
40 King St. W.
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8175
FAX: (416) 595-8695
Email: mfrederick@millerthomson.com
Party: Crowe, Marlene
Counsel
Suite 1100
100 Queen Street
Ottawa, Ontario
K1J 1J9
Telephone: (613) 787-3537
FAX: (613) 230-8842
Email: lelliot@blg.com
Party: Crowe, Steven
Counsel
Suite 1100
100 Queen Street
Ottawa, Ontario
K1J 1J9
Telephone: (613) 787-3537
FAX: (613) 230-8842
Email: lelliot@blg.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 – Judgments and orders – Orders approving settlement made by litigation guardian appointed by court order – Whether court of appeal erred in dismissing appeals.
Ms. Willmot commenced proceedings against a number of defendants in relation with her purchase and enjoyment of new property. Justice Pedlar of the Ontario Superior Court of Justice was appointed as the case management judge. The respondents brought a motion to have a litigation guardian appointed on the basis that Ms. Willmot was a mentally disabled person and was incapable of conducting the proceedings on her own behalf. Justice Pedlar ordered Ms. Willmot to appoint a litigation guardian and retain counsel for the proceedings. Ms. Willmot appealed the order but was unsuccessful. Since she did not appoint a litigation guardian, Justice Pedlar appointed the Ontario Public Guardian and Trustee, who appointed counsel for Ms. Willmot.
Ms. Willmot’s litigation guardian reached a settlement with the respondents. On motion by the Public Guardian and Trustee, Justice Pedlar approved the settlement. He found that both the proposed dismissal of the proceedings were in the best interests of Ms. Willmot. He also approved the fee account of the litigation guardian. Ms. Willmot appealed to the Court of Appeal, but was unsuccessful.
Lower court rulings
Ontario Superior Court of Justice
CV-10-0045-00
Proceedings dismissed and settlements approved
Court of Appeal for Ontario
C55547, C55548, 2012 ONCA 825
Appeals 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