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Case information

Consult our database for details on a Supreme Court of Canada case.


36297

E. Eddy Bayens, et al. v. Kinross Gold Corporation, et al.

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2015-08-10 Close file on Leave
2015-08-07 Discontinuance of the application for leave to appeal E. Eddy Bayens
2015-08-05 Correspondence received from, the applicants notifying the Court that a settlement has been reached between the parties and that the applicants are withdrawing their application for leave to appeal. E. Eddy Bayens
2015-08-05 Discontinuance of the miscellaneous motion, JOINT MOTION - To Hold Application for Leave to Appeal in Abeyance E. Eddy Bayens
2015-07-10 Notice of miscellaneous motion, (Letter Form), JOINT MOTION - To Hold Application for Leave to Appeal in Abeyance, Completed on: 2015-07-10 E. Eddy Bayens
2015-07-07 Correspondence received from, Patricia Wilson, agent for the Respondents, re: email letter dated July 7, 2015 - request to potentially hold the file in abeyance until September 4,2015 Kinross Gold Corporation
2015-07-03 Correspondence received from, Applicants, re: email dated July 3, 2015 - requesting that the Court continue to keep the file on hold until July 31, 2015 E. Eddy Bayens
2015-04-28 Correspondence received from, (Letter Form), Applicants, re: Request to put the file on hold E. Eddy Bayens
2015-03-23 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-03-23 E. Eddy Bayens
2015-03-13 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-03-13, (Electronic version filed on 2015-03-13) Kinross Gold Corporation
2015-03-13 Certificate (on limitations to public access) Kinross Gold Corporation
2015-03-13 Notice of name Kinross Gold Corporation
2015-03-13 Certificate (if inappropriate for a judge to take part in adjudication) Kinross Gold Corporation
2015-02-11 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED FEBRUARY 11, 2015
2015-02-11 Book of authorities, (Book Form) E. Eddy Bayens
2015-02-11 Certificate (on limitations to public access) E. Eddy Bayens
2015-02-11 Application for leave to appeal, (Book Form), 2 volumes. service to come., Completed on: 2015-02-13, (Electronic version filed on 2015-02-11) E. Eddy Bayens

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

Main parties - Appellants
Name Role Status
Bayens, E. Eddy Applicant Active
John Sinclair, Luc Fortin, Pierre Racicot and Stanley Shortt, in their capacity as Trustees of the Musicians’ Pension Fund of Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Kinross Gold Corporation Respondent Active
Tye W. Burt, Paul H. Barry, Glen J. Masterman and Kenneth G. Thomas Respondent Active

Counsel

Party: Bayens, E. Eddy

Counsel
Names
Kirk M. Baert
Celeste B. Poltak
Marie-France Major
Contact information
Koskie Minsky LLP
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2092
FAX: (416) 204-2889
Email: kmbaert@kmlaw.ca
Agent
Name
Eugene Meehan, Q.C.
Contact information
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: John Sinclair, Luc Fortin, Pierre Racicot and Stanley Shortt, in their capacity as Trustees of the Musicians’ Pension Fund of Canada

Counsel
Name
Kirk M. Baert
Contact information
Koskie Minsky LLP
900 - 20 Queen St. W.
Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2092
FAX: (416) 204-2889
Email: kmbaert@kmlaw.ca
Agent
Name
Eugene Meehan, Q.C.
Contact information
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Kinross Gold Corporation

Counsel
Names
Mark A. Gelowitz
Allan Coleman
Robert Carson
Contact information
Osler, Hoskin & Harcourt LLP
P.O. Box 50
1 First Canadian Place
Toronto, Ontario
M5Z 1B8
Telephone: (416) 862-4743
FAX: (416) 862-6666
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Tye W. Burt, Paul H. Barry, Glen J. Masterman and Kenneth G. Thomas

Counsel
Name
Mark A. Gelowitz
Contact information
Osler, Hoskin & Harcourt LLP
P.O. Box 50
1 First Canadian Place
Toronto, Ontario
M5Z 1B8
Telephone: (416) 862-4743
FAX: (416) 862-6666
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.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.

None.

Lower court rulings

November 5, 2013
Ontario Superior Court of Justice

2013 ONSC 6864, CV-12-44865100CP

see file

December 17, 2014
Court of Appeal for Ontario

C57988, 2014 ONCA 901

see file

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27