Case information
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36788
Todd Brothers Contracting Limited v. Corporation of the Township of Algonquin Highlands
(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) |
|---|---|---|
| 2016-07-28 | Close file on Leave | |
| 2016-07-28 | Correspondence (sent by the Court) to, the respondent. Cover letter regarding certificate of taxation signed July 28, 2016. | |
| 2016-07-28 | Certificate of taxation issued to, Mr. Todd Robinson | |
| 2016-07-28 | Decision on the bill of costs, in the amount of $1,647.44, Reg | |
| 2016-07-28 | Submission of the bill of costs, Reg | |
| 2016-06-16 | Bill of costs, filing fee missing- filing fee received 2016-07-12, Completed on: 2016-07-12 | Corporation of the Township of Algonquin Highlands |
| 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 C60276, 2015 ONCA 737, dated November 3, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-03-07 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-02-04 | Certificate (on limitations to public access) | Corporation of the Township of Algonquin Highlands |
| 2016-02-04 | Respondent's response on the application for leave to appeal, Completed on: 2016-02-04 | Corporation of the Township of Algonquin Highlands |
| 2015-12-31 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-12-31 | |
| 2015-12-31 | Book of authorities | Todd Brothers Contracting Limited |
| 2015-12-31 | Certificate (on limitations to public access) | Todd Brothers Contracting Limited |
| 2015-12-31 | Notice of name, (Included in the application for leave to appeal) | Todd Brothers Contracting Limited |
| 2015-12-31 | Application for leave to appeal, Completed on: 2015-12-31 | Todd Brothers Contracting Limited |
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 |
|---|---|---|
| Todd Brothers Contracting Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Corporation of the Township of Algonquin Highlands | Respondent | Active |
Counsel
Party: Todd Brothers Contracting Limited
Counsel
601 - 1 West Pearce Street
Richmond Hill, Ontario
L4B 3K3
Telephone: (905) 947-8771
FAX: (905) 889-8747
Email: leoklug@kluglaw.ca
Party: Corporation of the Township of Algonquin Highlands
Counsel
Matthew R. Alter
2100 Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 860-6606
FAX: (416) 642-7160
Email: trobinson@casselsbrock.com
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.
Contracts — Breach — Action commenced seeking damages for breach of a construction contract — Motion judge granting respondent’s motion for summary judgment — Action dismissed — Should this Court provide further guidance as to when a motion for summary judgment should be entertained by the Court and the onus to be placed on both parties to produce all evidence within their power and control.
The applicant, Todd Brothers Contracting Limited, commenced an action seeking damages for breach of a construction contract. The respondent is the Corporation of the Township of Algonquin Highlands. The contract arose from a request for tender prices, for the construction of a new runway, and the rehabilitation of an existing runway, at the Haliburton-Stanhope Airport. The respondent brought a motion for summary judgment. The motion judge held that the waiver executed by the applicant precludes it from claiming damages, and that the applicant has not proved the damages claimed. The motion judge held that there is no genuine issue requiring a trial. The motion for summary judgment was granted and the applicant’s action was dismissed. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-13-115317-00,2015 ONSC 1501
Respondent’s motion for summary judgment granted
Court of Appeal for Ontario
C60276, 2015 ONCA 737
Appeal dismissed with fixed costs in the amount of $8,500
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
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