Case information
Consult our database for details on a Supreme Court of Canada case.
35911
Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation v. Royal Bank of Canada
(Federal) (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) |
|---|---|---|
| 2014-11-19 | Close file on Leave | |
| 2014-11-19 | Order on motion to extend time, (by THE DEPUTY REGISTRAR) | |
| 2014-11-19 |
Decision on motion to extend time, DeRg, UPON APPLICATION by Ms. Fotinov for an order extending the time to serve and file a motion for reconsideration of an application for leave to appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2014-11-19 | Submission of motion to extend time, DeRg | |
| 2014-11-06 | Response to motion to extend time, (Letter Form), to file a motion for reconsideration, Completed on: 2014-11-06, (Electronic version filed on 2014-11-06) | Royal Bank of Canada |
| 2014-10-27 | Motion to extend time, (Book Form), to file a motion for reconsideration, service missing (rec'd 2014-10-31), Completed on: 2014-10-31 | Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation |
| 2014-09-29 | Close file on Leave | |
| 2014-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-09-26 | Judgment on leave sent to the parties | |
| 2014-09-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-390-13, 2014 FCA 70, dated March 18, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-08-11 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-08-07 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-08-07 | Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation |
| 2014-06-23 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-06-23, (Electronic version filed on 2014-06-23) | Royal Bank of Canada |
| 2014-06-04 | Certificate (on limitations to public access), (Letter Form) | Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation |
| 2014-05-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, (File open 2014-05-28) | |
| 2014-05-21 | Correspondence (sent by the Court) to, Acknowledgment | |
| 2014-05-20 | Application for leave to appeal, (Book Form), form 23A rec'd 2014-06-04, Completed on: 2014-06-04 | Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation |
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 |
|---|---|---|
| Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada | Respondent | Active |
Counsel
Party: Svetlana Fotinov, Citizen of Canada, Citizen of the Russian Federation
This party is not represented by counsel.
Party: Royal Bank of Canada
Counsel
3700 - 1 Place Ville Marie
Montréal, Quebec
H3B 3P4
FAX: (514) 392-9426
Email: alexander.bayus@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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.
Courts — Federal court — Jurisdiction — Statement of claim struck for want of jurisdiction — Royal Bank repossessed house owned by Applicant and mortgaged to Respondent — Whether Royal Bank withheld information pertaining to vital financial transactions from Applicant — Whether Royal Bank put Applicant at a disadvantage and discriminated against her by withholding information routinely available to other mortgage holders — Whether Royal Bank obtained an order for forcible eviction due to that discrimination and on the basis of false information presented to the Superior Court of Quebec — Whether Royal Bank proceeded with the foreclosure and eviction in an appropriate manner.
Due to municipal tax arrears, Ms. Fotinov was declared in default of a mortgage and hypothec given to the Royal Bank on a property in Quebec. The Royal Bank had paid the arrears upon notice that the municipality was going to proceed with the sale of the house. Ms. Fotinov’s home was ordered to be surrendered and sold, and the Fotinovs were evicted in a manner they considered excessive. As a result, Ms. Fotinov filed a Statement of Claim in the Federal Court based on the same general facts but seeking different damages than those sought in this case (File No. T-443-13). It was struck for want of jurisdiction. That decision was not appealed, but the instant Statement of Claim was commenced. It sought damages in the amount of $12,000 from the Royal Bank for the foreclosure on the mortgage and all the related matters, violations of consumer protection, and Charter rights. The Prothonotary struck the Statement of Claim without leave to amend pursuant to Rule 221(1)(a). Ms. Fotinov appealed the Prothonotary’s order, and the Federal Court held an appeal de novo. The appeal was dismissed. When Ms. Fotinov filed a further appeal, the Royal Bank successfully moved to strike the appeal in the Federal Court of Appeal.
Lower court rulings
Federal Court
T-1233-13
Appeal dismissed without costs
Federal Court of Appeal
A-390-13
Motion to strike granted; appeal dismissed with costs
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
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 613-996-8666 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