Case information
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35300
Alexander Lenard Quaccoo Chapman v. Jack Anthony King
(Manitoba) (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) |
|---|---|---|
| 2014-03-25 | Close file on Leave | |
| 2014-03-24 | Certificate of taxation issued to, William S. Gange | |
| 2014-03-24 | Decision on the bill of costs, in the amount of $1,669.70, Reg | |
| 2014-03-24 | Submission of the bill of costs, Reg | |
| 2014-01-27 | Bill of costs, (proof of service, notice of taxation and filing fee missing - received February 25, 2014), Completed on: 2014-02-25 | Jack Anthony King |
| 2013-07-09 | Judgment on leave sent to the parties | |
| 2013-07-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-07-04 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI 12-30-07831, 2012 MBCA 112, dated December 5, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2013-06-10 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-06-10 | Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Cro | |
| 2013-05-17 | Applicant's reply to respondent's argument, Completed on: 2013-05-17 | Alexander Lenard Quaccoo Chapman |
| 2013-05-07 | Respondent's response on the application for leave to appeal, Completed on: 2013-05-07 | Jack Anthony King |
| 2013-04-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-04-08 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2013-04-08 | Alexander Lenard Quaccoo Chapman |
| 2013-04-08 | Application for leave to appeal, Completed on: 2013-04-08 | Alexander Lenard Quaccoo Chapman |
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 |
|---|---|---|
| Chapman, Alexander Lenard Quaccoo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| King, Jack Anthony | Respondent | Active |
Counsel
Party: Chapman, Alexander Lenard Quaccoo
Counsel
1062 College Street
Lower Level
Toronto, Ontario
M6H 1A9
Telephone: (416) 735-0559
FAX: (416) 530-8129
Email: rglfpc@gmail.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: King, Jack Anthony
Counsel
Marie-France Major
760 - 444 St. Mary Avenue
Centra Gas Bldg
Winnipeg, Manitoba
R3C 3T1
Telephone: (204) 947-0025
FAX: (204) 947-0171
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
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 – Settlement agreements – Enforceability – Respondent suing applicant for return of $25,000 previously paid to him pursuant to terms of confidential settlement agreement – Applicant filing statement of defence – Statement of defence struck and judgment granted in favour of respondent after applicant failed to attend at discovery – Whether motions judge misdirected himself in enforcing an unenforceable agreement – Whether motions judge misdirected himself in concluding that agreement had been breached.
The respondent sued the applicant for the return of $25,000 previously paid to him pursuant to the terms of a confidential settlement agreement. The applicant filed a statement of defence. After several unsuccessful attempts to examine the applicant for discovery, the respondent moved for and obtained a court order to compel the applicant's attendance at discovery. Again, the applicant failed to attend. Eventually, the statement of defence was struck and the applicant was noted in default. The respondent moved to have final judgment entered. The applicant did not attend that hearing. The motions judge granted final judgment. The Court of Appeal dismissed the applicant’s appeal
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 10-01-68113, 2012 MQBQ 189
Judgment granted in favour of respondent
Court of Appeal of Manitoba
AI 12-30-07831, 2012 MBCA 112
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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