Case information
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36874
CPNI Inc. v. Paramjit Gill, 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) |
|---|---|---|
| 2016-05-27 | Close file on Leave | |
| 2016-05-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-27 | Judgment on leave sent to the parties | |
| 2016-05-26 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C59728, 2015 ONCA 833, dated November 20, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-05-26 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-05-02 | Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga | |
| 2016-05-02 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-04-01 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-04-01 | CPNI Inc. |
| 2016-03-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-24) | Paramjit Gill |
| 2016-03-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-03-24, (Electronic version filed on 2016-03-24) | Paramjit Gill |
| 2016-02-26 | Letter advising parties of a complete application for leave to appeal, (File Open) | |
| 2016-02-22 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-02-17 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | CPNI Inc. |
| 2016-02-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2016-02-17 | CPNI Inc. |
| 2016-02-17 | Application for leave to appeal, (Book Form), Completed on: 2016-02-26 | CPNI Inc. |
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 |
|---|---|---|
| CPNI Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Paramjit Gill | Respondent | Active |
| Mahamud Nadeem Khazi and Ratan Chakraborty | Respondent | Active |
Counsel
Party: CPNI Inc.
This party is not represented by counsel.
Party: Paramjit Gill
Counsel
2 Queen Street East, Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 597-4882
FAX: (416) 593-5437
Email: cmclelland@blaney.com
Party: Mahamud Nadeem Khazi and Ratan Chakraborty
Counsel
2 Queen Street East, Suite 1500
Toronto, Ontario
M5C 3G5
Telephone: (416) 597-4882
FAX: (416) 593-5437
Email: cmclelland@blaney.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.
Employment law – Employee protection – Employer attempting to deduct alleged losses sustained for sequestration of intellectual property assets from respondents’ claims for unpaid wages – Whether lower court decisions are adverse to national economic interest – Whether lower courts erred.
The respondents are all former employees of the applicant, CPNI Inc. CPNI carried on business in the technology sector but ran into financial difficulties as a result the 2008 mortgage lending crisis in the United States. In 2010 and 2011, CPNI was unable to pay its employees their wages on a regular basis. The respondents all continued to work for CPNI during this period and CPNI was able to meet some of its payroll obligations. Finally the respondents all left the company between December 2011 and January 2012. In March 2012, they commenced an action against CPNI for arrears of salary and vacation pay for their final six months of employment. Mr. Khazi, prior to his departure in January 2012, offered to make some changes to CPNI’s website and in order to do so, he borrowed the computer he had been using while employed by CPNI. He did not return it until May, 2012. CPNI disputed the amount of funds claimed by the respondents and counterclaimed seeking damages on the basis that the respondents had denied CPNI access to the sole operating version of a software product CPNI had been developing. It alleged that as a result of Mr. Khazi having kept the computer, CPNI lost the opportunity to demonstrate and sell the software to interested parties. The respondents brought a motion for summary judgment.
Lower court rulings
Ontario Superior Court of Justice
2014 ONSC 6500, CV-12-449086
Respondents’ motion for summary judgment granted.
Court of Appeal for Ontario
C59728, 2015 ONCA 833
Applicant’s appeal 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