Case information
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37255
Toronto-Dominion Bank v. Sheila Wise, 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) |
|---|---|---|
| 2017-01-30 | Close file on Leave | |
| 2017-01-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-01-27 | Judgment on leave sent to the parties | |
| 2017-01-26 |
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 C60961, 2016 ONCA 629, dated August 16, 2016, is dismissed with costs to the respondents Jordanna Lipson and Earl Lipson. Dismissed, with costs |
|
| 2017-01-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-11-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-11-17, (Electronic version filed on 2016-11-25) | Toronto-Dominion Bank |
| 2016-11-10 | Book of authorities, (Book Form), (Electronic version filed on 2016-11-14) | Jordanna Lipson, Earl Lipson |
| 2016-11-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-14) | Jordanna Lipson, Earl Lipson |
| 2016-11-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-11-10, (Electronic version filed on 2016-11-14) | Jordanna Lipson, Earl Lipson |
| 2016-10-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/10/18 | |
| 2016-10-17 | Notice of name, (Letter Form), (Electronic version filed on 2016-10-17) | Toronto-Dominion Bank |
| 2016-10-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-17) | Toronto-Dominion Bank |
| 2016-10-17 | Book of authorities, (Book Form), (Electronic version filed on 2016-10-17) | Toronto-Dominion Bank |
| 2016-10-17 | Application for leave to appeal, (Book Form), Final CA Order missing, Completed on: 2016-10-17, (Electronic version filed on 2016-10-17) | Toronto-Dominion Bank |
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 |
|---|---|---|
| Toronto-Dominion Bank | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wise, Sheila | Respondent | Active |
| Jordanna Lipson, Earl Lipson | Respondent | Active |
| 2276552 Ontario Inc. | Respondent | Active |
| 1432975 Ontario Limited | Respondent | Active |
Counsel
Party: Toronto-Dominion Bank
Counsel
Paul-Erik Veel
Suite 2600
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2921
FAX: (416) 865-9010
Email: pgriffin@litigate.com
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Party: Wise, Sheila
This party is not represented by counsel.
Party: Jordanna Lipson, Earl Lipson
Counsel
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 601-0965
FAX: (416) 601-0712
Email: msimaan@kramersimaan.com
Party: 1432975 Ontario Limited
Counsel
801-1 Adelaide Street East
Toronto, Ontario
M5C 2V9
Telephone: (416) 869-7615
FAX: (416) 869-0547
Email: wgreenspoon@garfinkle.com
Party: 2276552 Ontario Inc.
Counsel
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 601-0965
FAX: (416) 601-0712
Email: msimaan@kramersimaan.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.
Property – Real property – Easements – Easements of necessity – Test to be applied – What is the normative foundation for easements of necessity? – When will easements of necessity arise?
TD Bank, applicant, holds a first mortgage on a property owned by the respondent Sheila Wise. The respondent 1432975 Ontario Limited holds a second mortgage on the same property. Ms. Wise is in default on both mortgages, and both lenders wish to sell the property. Unfortunately, there is no direct road access to the property; it is a water-access only lot. TD Bank brought an application for an order declaring that an easement of necessity exists over any of the adjacent lots (owned by the Lipson respondents and by the respondent 2276552 Ontario Inc.) in favour of the property. The application judge granted the easement. The Court of Appeal overturned that decision, finding that the application judge wrongly relaxed the necessity test.
Lower court rulings
Ontario Superior Court of Justice
2015 ONSC 5821, CV-14-0140, 2015 ONSC 5014
Application for easement of necessity granted in part
Court of Appeal for Ontario
C60961, 2016 ONCA 629
Appeal allowed
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