Case information
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37451
Leo-Progress Enterprises Inc. v. Mariner Foods Limited
(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) |
|---|---|---|
| 2018-03-19 | Close file on Leave | |
| 2018-03-19 | Correspondence (sent by the Court) to, Mr. Shahzad Siddiqui; the matter is now closed. | |
| 2017-09-22 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2017-08-24 | Motion for reconsideration of the application for leave to appeal, (Letter Form), Motion for extension of time required, Incomplete | Leo-Progress Enterprises Inc. |
| 2017-07-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-07-07 | Judgment on leave sent to the parties | |
| 2017-07-06 |
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 C61380, 2017 ONCA 7, dated December 23, 2016, is dismissed with costs to the respondent in accordance with the Tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2017-05-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-05-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-05-25, (Electronic version filed on 2017-05-25) | Leo-Progress Enterprises Inc. |
| 2017-05-15 | Order on motion to extend time, (by JUSTICE ROWE) | |
| 2017-05-15 |
Decision on motion to extend time, Row, UPON APPLICATION by the applicant for an order extending the time to serve and file its Reply; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The applicant shall have ten (10) days from the date of this order to serve and file said Reply. Granted |
|
| 2017-05-15 | Submission of motion to extend time, Row | |
| 2017-05-10 | Reply to motion to extend time, (Letter Form), Completed on: 2017-05-10, (Electronic version filed on 2017-05-10) | Leo-Progress Enterprises Inc. |
| 2017-05-03 | Response to motion to extend time, (Letter Form), the response was served and filed two days late - pursuant to the directions from the Registrar - time to serve and file has been extended. , Completed on: 2017-05-11 | Mariner Foods Limited |
| 2017-04-19 | Motion to extend time, (Book Form), (Will be submitted to Rota judge) to serve and file the reply. Payment missing (rec'd April 28/2017), Completed on: 2017-04-28, (Printed version filed on 2017-04-28) | Leo-Progress Enterprises Inc. |
| 2017-04-10 | Correspondence received from, (Letter Form), Shahzad Siddiqui (by email). The applicant is intending to file a motion for extension of time to file the reply. , (Electronic version filed on 2017-04-10) | Leo-Progress Enterprises Inc. |
| 2017-04-06 | Correspondence received from, (Letter Form), Assunta Mazzotta (by email). Response to the email from the applicant dated 2017-04-05., (Electronic version filed on 2017-04-06) | Mariner Foods Limited |
| 2017-04-06 | Correspondence received from, (Letter Form), Shahzad Siddiqui (by email). Letter regarding the submition of the application to the Court. , (Electronic version filed on 2017-04-05) | Leo-Progress Enterprises Inc. |
| 2017-03-17 | Notice of name, (Letter Form), (Electronic version filed on 2017-03-17) | Mariner Foods Limited |
| 2017-03-17 | Certificate (on limitations to public access), (Letter Form), 23B for the response, (Electronic version filed on 2017-03-17) | Mariner Foods Limited |
| 2017-03-17 | Certificate (on limitations to public access), (Letter Form), 23A (Amended version filed 2017-03-17), (Electronic version filed on 2017-03-17) | Mariner Foods Limited |
| 2017-03-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-03-17, (Electronic version filed on 2017-03-17) | Mariner Foods Limited |
| 2017-02-21 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-02-21) | |
| 2017-02-21 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-21) | Leo-Progress Enterprises Inc. |
| 2017-02-21 | Certificate (on limitations to public access), (Letter Form), Amended certificate, (Electronic version filed on 2017-02-21) | Leo-Progress Enterprises Inc. |
| 2017-02-15 | Certificate (on limitations to public access), (Book Form), (Included in the application for leave to appeal) | Leo-Progress Enterprises Inc. |
| 2017-02-15 | Application for leave to appeal, (Book Form), Amended notice of application filed on 2017-02-21 (inserted in books). Electronic version filed on 2017-02-21., Completed on: 2017-02-15 | Leo-Progress Enterprises 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 |
|---|---|---|
| Leo-Progress Enterprises Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mariner Foods Limited | Respondent | Active |
Counsel
Party: Leo-Progress Enterprises Inc.
Counsel
385 Silver Star Blvd.
Suite 215
Toronto, Ontario
M1V 0E3
Telephone: (416) 291-6786
FAX: (416) 291-8784
Email: shahzad@abrahamsllp.com
Party: Mariner Foods Limited
Counsel
Assunta Mazzota
10 King Street East
Sixth Floor
Toronto, Ontario
M5C 1C3
Telephone: (416) 863-1717 Ext: 312
FAX: (416) 368-3133
Email: tjlaw@hclaw.com
Summary
Keywords
Bankruptcy and Insolvency – Insurance – Evidence – Effect of insured’s assignment into administration and subsequent entry into liquidation on a credit insurer’s interest in the insured’s right of action for breach of contract – Whether relevant law is unsettled – Sufficiency of evidence of subrogation – Whether fresh evidence was capable of affecting outcome of appeal – Whether Court of Appeal erred by not requiring proof that Receiver was notified of action and approved or confirmed of assignment of right of action?
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.
Mariner Foods Limited supplied salmon to Leo-Progress Enterprises Inc. In 2013, Leo-Progress Enterprises Inc. failed to pay some of Mariner Foods Limited’s invoices. Mariner Foods Limited went into receivership. An action was commenced against Leo-Progress Enterprises Inc. for breach of contract. Mariner Foods Limited was the named plaintiff. The trial judge awarded damages. After trial, Mariner Foods Limited entered into liquidation. Leo Progress Enterprises Inc. appealed and applied to admit fresh evidence that Mariner Foods Limited was under administration after the date of the statement of claim and in liquidation after the date of the trial judgment. The Court of Appeal found that the action for breach of contract was a subrogated claim brought by Mariner Foods Limited’s credit insurer and dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-14-501397, 2015 ONSC 6819
Judgment awarding damages for breach of contract to Mariner Foods Limited
Court of Appeal for Ontario
C61380, 2017 ONCA 7
Motion to adduce fresh evidence dismissed; Appeal dismissed
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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