Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36719
United Parcel Service Canada Ltd. v. Ryan Wright, 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) |
|---|---|---|
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
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, Number M45175, dated September 18, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-01-12 | Book of authorities | United Parcel Service Canada Ltd. |
| 2016-01-12 | Applicant's reply to respondent's argument, Completed on: 2016-01-12 | United Parcel Service Canada Ltd. |
| 2015-12-16 | Certificate (on limitations to public access) | Ryan Wright |
| 2015-12-16 | Respondent's response on the application for leave to appeal, Completed on: 2015-12-16 | Ryan Wright |
| 2015-11-16 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-11-16 | |
| 2015-11-16 | Certificate (on limitations to public access) | United Parcel Service Canada Ltd. |
| 2015-11-16 | Notice of name | United Parcel Service Canada Ltd. |
| 2015-11-16 | Application for leave to appeal, (4 volumes), Completed on: 2015-11-16 | United Parcel Service Canada Ltd. |
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 |
|---|---|---|
| United Parcel Service Canada Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wright, Ryan | Respondent | Active |
| Zislin, Julia | Respondent | Active |
Counsel
Party: United Parcel Service Canada Ltd.
Counsel
Paul J. Martin
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-4357
FAX: (416) 364-7813
Agent
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: Wright, Ryan
Counsel
Daniel E. H. Bach
Emilie McLachlan Maxwell
Michael A. Eizenga
680 Waterloo Street
P.O. Box 2520 Stn. B
London, Ontario
N6A 3V8
Telephone: (519) 672-2121
FAX: (519) 672-6065
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Zislin, Julia
Counsel
Daniel E. H. Bach
Emilie McLachlan Maxwell
Michael A. Eizenga
680 Waterloo Street
P.O. Box 2520 Stn. B
London, Ontario
N6A 3V8
Telephone: (519) 672-2121
FAX: (519) 672-6065
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@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 — Class Actions — Statutory Interpretation — Consumer Protection — Unsolicited services and goods provisions in consumer protection legislation — Determining whether a service has been solicited, requested or ordered — Whether evidence that must be considered under general law of contract interpretation should be excluded — When will a question be sufficiently common for purposes of certification of a class proceeding — Degree of individuality and variation among class members that may be embraced — Whether jurisprudence conflicts.
The respondents each arranged for UPS to deliver personal items to their homes from the United States using a waybill or an International Parcel Shipping Order. Upon delivery, they were required to pay a brokerage fee, a disbursement fee and a bond fee before UPS would release their goods. These fees are associated with UPS moving the goods across the border. Each paid the fees and received their goods. They brought a motion to certify a class proceeding, alleging that the demand and payment of the fees breached the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sch. A., and s. 347 of the Criminal Code or, if an agreement to pay the fees was made, that it was unenforceable under the Consumer Protection Act.
Lower court rulings
Ontario Superior Court of Justice
Class proceeding certified, common issues defined, motion to strike motion for certification dismissed, motions for summary judgment granted in part.
Ontario Superior Court of Justice
415/11, 2015 ONSC 2220
Appeal dismissed
Court of Appeal for Ontario
M45175
Motion for leave to appeal refused
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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