Case information
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37591
Corneliu Prisecaru, et al. v. Intact Insurance
(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) |
|---|---|---|
| 2018-01-29 | Correspondence (sent by the Court) to, applicant, re: there are no further remedies available in this Court. | |
| 2018-01-16 | Close file on Leave | |
| 2018-01-16 | Correspondence (sent by the Court) to, The parties, re: letter from the Registrar, Motion for reconsideration cannot be accepted for filing. | |
| 2018-01-16 | Reconsideration not accepted for filing | |
| 2017-12-07 | Letter acknowledging receipt of an incomplete motion for reconsideration, Motion is now complete. | |
| 2017-11-23 | Motion for reconsideration of the application for leave to appeal, (Book Form), service missing - rec'd Dec.14/2017., Completed on: 2018-01-10 | Corneliu Prisecaru |
| 2017-10-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-10-27 | Judgment on leave sent to the parties | |
| 2017-10-26 |
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 C62443, 2017 ONCA 303, dated April 7, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-09-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-07-04 | Supplemental document, (Book Form), Superior Court Trial Proceedings Transcript | Intact Insurance |
| 2017-07-04 | Respondent's response on the application for leave to appeal, (Letter Form), 1 copy missing (received 2017-07-12), Completed on: 2017-07-04 | Intact Insurance |
| 2017-06-02 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2017-06-02 | |
| 2017-05-31 | Certificate (on limitations to public access) | Corneliu Prisecaru |
| 2017-05-30 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2017-05-10 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-05-09 | Application for leave to appeal, (Book Form), Amended notice rec'd on 2017-05-31. C/A order rec'd on 2017-06-16. Rec'd the judgment of July 13, 2016 on 2017-06-01, Completed on: 2017-06-16 | Corneliu Prisecaru |
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 |
|---|---|---|
| Prisecaru, Corneliu | Applicant | Active |
| Prisecaru, Lidia | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Intact Insurance | Respondent | Active |
Counsel
Party: Prisecaru, Corneliu
This party is not represented by counsel.
Party: Prisecaru, Lidia
This party is not represented by counsel.
Party: Intact Insurance
Counsel
1 James Street South
4th Floor
Hamilton, Ontario
L8P 4R5
Telephone: (905) 527-6877 Ext: 511
FAX: (905) 527-6843
Email: vsantini@agrozaffiro.com
Summary
Keywords
Insurance — Property insurance — Applicants’ home damaged — Applicants bringing action against insurance company for damages — Whether lower courts erred in reasoning and decision — Whether issue of public importance raised.
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.
The applicants’ home was damaged by fire when an explosion occurred at a neighbour’s property. The family was relocated to a hotel. The applicants brought an action against the respondent insurance company for damages under the insurance contract.
The Ontario Superior Court of Justice dismissed the claim against the insurance company. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
C-211-14
Action against insurance company dismissed.
Court of Appeal for Ontario
C62443, 2017 ONCA 303
Appel visant l’annulation ou la modification du jugement du juge Reilly, rejeté
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