Case information
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35478
Dave Bullen and Erica Bullen also known as Erika Bullen v. Kingsway General Insurance Company
(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) |
|---|---|---|
| 2013-11-26 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
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 C51556, M41261 and M42274, dated May 16, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-10-15 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-09-13 | Book of authorities, (Book Form) | Kingsway General Insurance Company |
| 2013-09-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-09-13 | Kingsway General Insurance Company |
| 2013-08-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-08-15 | Book of authorities, (Book Form) | Dave Bullen and Erica Bullen also known as Erika Bullen |
| 2013-08-15 | Application for leave to appeal, (Book Form), Completed on: 2013-08-15 | Dave Bullen and Erica Bullen also known as Erika Bullen |
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 |
|---|---|---|
| Dave Bullen and Erica Bullen also known as Erika Bullen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kingsway General Insurance Company | Respondent | Active |
Counsel
Party: Dave Bullen and Erica Bullen also known as Erika Bullen
Counsel
280 Metcalfe Street
Suite 222
Ottawa, Ontario
K2P 1R7
Telephone: (613) 563-1005
FAX: (613) 563-1031
Email: dianecondo@sympatico.ca
Party: Kingsway General Insurance Company
Counsel
1810 - 360 Albert St.
Ottawa, Ontario
K1R 7X7
Telephone: (613) 594-4936
FAX: (613) 594-8783
Email: belkin@lavery.qc.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 – Costs – Posting of security for costs – Whether Court of Appeal erred in refusing to set aside order dismissing appeal – Whether Court of Appeal erred in finding letter of credit provided as security for costs improper – Whether Court of Appeal erred in refusing to set aside consent order ordering applicants to post security for costs under circumstances.
The applicants commenced an appeal to the Ontario Court of Appeal which was dismissed for delay in February 2011. On November 3, 2011, MacPherson J.A. extended the time to perfect the appeal to February 3, 2012 and ordered the applicants to post security for costs in the amount of $52,500. The applicants brought a motion to vary the order. The respondent brought a cross-motion to dismiss the appeal for failure of the applicants to properly post security for costs.
MacPherson J.A. declined to vary his order either by deleting a requirement that the applicants post security for costs or by directing that the applicants could post a letter of credit from a private corporation, Cadillac Financial Ltd., in satisfaction of the order for security for costs. Instead, MacPherson J.A. dismissed the applicants’ appeal because they had failed to comply with the consent order for security for costs. The applicants brought a motion to set aside the order dismissing the appeal. The Court of Appeal dismissed the motion.
Lower court rulings
Ontario Superior Court of Justice
04-CV-29388
Applicants’ claim dismissed
Court of Appeal for Ontario
C51556, M40622
Applicants ordered to pay security for costs
Court of Appeal for Ontario
C51556, M40996, M41049
Motion to vary order dismissed; cross-motion granted and appeal dismissed
Court of Appeal for Ontario
C51556, M41261, M42274
Motion to set aside order 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