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.
37161
Paul Waldner, et al. v. Ante Matic, et al.
(Manitoba) (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) |
|---|---|---|
| 2017-01-30 | Close file on Leave | |
| 2017-01-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-01-20 | Judgment on leave sent to the parties | |
| 2017-01-19 |
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 of Manitoba, Number AI 15-30-08321, 2016 MBCA 60, dated June 6, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-10-07 | Applicant's reply to respondent's argument, Completed on: 2016-10-07 | Paul Waldner |
| 2016-09-30 | Certificate (on limitations to public access) | Ante Matic |
| 2016-09-30 | Notice of name | Ante Matic |
| 2016-09-30 | Respondent's response on the application for leave to appeal, Completed on: 2016-09-30 | Ante Matic |
| 2016-08-31 | Correspondence received from, Marie-France Major dated 2016-08-31. Re: Correction to Tab 2A of the application | Paul Waldner |
| 2016-08-31 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-08-31 | |
| 2016-08-30 | Notice of name | Paul Waldner |
| 2016-08-30 | Certificate (on limitations to public access) | Paul Waldner |
| 2016-08-30 | Application for leave to appeal, Completed on: 2016-08-30 | Paul Waldner |
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 |
|---|---|---|
| Waldner, Paul | Applicant | Active |
| William Waldner, Springhill Lumber Wholesale Ltd., Black Forest Holdings Ltd., Prairie Post Frame Construction Ltd., Walcan Holdings Ltd., Canamatic Ventures Ltd. and Can-American Corrugating Co. Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ante Matic | Respondent | Active |
| Matic Holdings Inc. | Respondent | Active |
Counsel
Party: Waldner, Paul
Counsel
Andrew D.F. Sain
2200 - 201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 934-2309
FAX: (204) 943-6445
Email: jk@tdslaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: William Waldner, Springhill Lumber Wholesale Ltd., Black Forest Holdings Ltd., Prairie Post Frame Construction Ltd., Walcan Holdings Ltd., Canamatic Ventures Ltd. and Can-American Corrugating Co. Ltd.
Counsel
Andrew D.F. Sain
2200 - 201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 934-2309
FAX: (204) 943-6445
Email: jk@tdslaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Ante Matic
Counsel
Celia C.S. Fergusson
1700 - 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 956-2970
FAX: (204) 957-0516
Email: richardgood@fillmoreriley.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Matic Holdings Inc.
Counsel
Celia C.S. Fergusson
1700 - 360 Main Street
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 956-2970
FAX: (204) 957-0516
Email: richardgood@fillmoreriley.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@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.
Contracts – Formation of contract – Breach of contract – Oppression – Wrongful dismissal – Fiduciary duty – What is proper test for formation of an oral contract and how test applied? – Whether a party must communicate intention that binding relations are conditional upon execution of formal documents – When should there be a presumption that the parties intended that execution of a formal, written document would be a prerequisite to the formation of a binding contract?
Several actions arose from the disintegration of the business relationship between Paul Waldner and Ante Matic following the purchase of Springhill Lumber Wholesale Ltd., a building materials company. The main claim at trial was that there was a binding oral contract between Mr. Matic and Mr. Waldner, for which damages were sought for breach of contract and oppressive conduct. Damages were also sought for the wrongful dismissal of Mr. Matic, as well as damages for breach of fiduciary duty by Mr. Waldner in respect of Mr. Matic’s operation of a competing business. Springhill and Black Forest Holdings Ltd. counterclaimed that Mr. Matic breached his fiduciary duty as a director and officer of Springhill. Can-American Corrugating Co. Ltd. claimed against Mr. Matic for payment of building materials delivered by it to Mr. Matic’s house which Mr. Matic asserted were a gift.
The trial judge dismissed the shareholder and fiduciary claims and counterclaims, allowed the Springhill action and dismissed the wrongful dismissal counterclaim; and, allowed the Can-American action for payment of materials. The Manitoba Court of Appeal unanimously allowed the respondents’ (defendants’) appeal in part, and also allowed the applicants’ (plaintiffs’) cross-appeal
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 12-01-76009, 2014 MBQB 238
(1) Respondents’ actions, dismissed; Applicants’ (Springhill Lumber Wholesale Ltd. and Black Forest Holdings Ltd.) counterclaims, dismissed;
(2) Applicant’s (Springhill Lumber Wholesale Ltd.) action, allowed; respondents’ counterclaim, dismissed;
(3) Applicant’s (Can-American Corrugating Co. Ltd.) action, allowed.
Court of Appeal of Manitoba
AI 15-30-08321, 2016 MBCA 60
Respondents’ appeal, allowed in part; Applicants’ cross-appeal, allowed; second trial ordered on issue of damages.
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
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 613‑996‑7933 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