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.
37966
Shih Drum Tseng, et al. v. City of Toronto, 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) |
|---|---|---|
| 2019-02-18 | Close file on Leave | |
| 2019-02-18 | Certificate of taxation issued to, Ms. Kirsten Franz | |
| 2019-02-18 | Decision on the bill of costs, in the amount of $1,305.40, Reg | |
| 2019-02-18 | Submission of the bill of costs, Reg | |
| 2018-11-02 | Reply to the bill of costs, (Letter Form), Completed on: 2018-11-05 | City of Toronto |
| 2018-10-29 | Response to the bill of costs, (Letter Form), Completed on: 2018-10-30 | Shih Drum Tseng |
| 2018-10-18 | Bill of costs, Completed on: 2018-10-18 | City of Toronto |
| 2018-10-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-10-05 | Judgment on leave sent to the parties | |
| 2018-10-04 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to file the response to 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 M47946, dated November 8, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2018-10-04 |
Decision on motion to extend time, See decision on application. Granted |
|
| 2018-09-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-09-04 | Submission of motion to extend time, for consideration by the Court | |
| 2018-04-10 | Motion to extend time, (Book Form), 4 copies missing (received 2018-04-23)., Completed on: 2018-04-23 | City of Toronto |
| 2018-04-09 | Applicant's reply to respondent's argument, (Book Form), PAPER VERSION filed 2018-04-12., Completed on: 2018-07-12 | Shih Drum Tseng |
| 2018-03-29 | Certificate (on limitations to public access), (Letter Form) | City of Toronto |
| 2018-03-29 | Notice of name, (Letter Form) | City of Toronto |
| 2018-03-29 | Respondent's response on the application for leave to appeal, (Book Form), Filed late. Motion for extension of time required (received 2018-04-10)., Completed on: 2018-04-18 | City of Toronto |
| 2018-03-09 | Certificate (on limitations to public access), (Letter Form) | Shih Drum Tseng |
| 2018-02-27 | Correspondence received from, (Letter Form), the applicants. Context information regarding the application for leave to appeal. | Shih Drum Tseng |
| 2018-02-26 | Letter advising parties of an incomplete application for leave to appeal, (FILE OPENED 2018-02-26) | |
| 2018-01-12 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-01-08 | Application for leave to appeal, (Book Form), Public access to information form missing (received 2018-03-09)., Completed on: 2018-03-12 | Shih Drum Tseng |
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 |
|---|---|---|
| Tseng, Shih Drum | Applicant | Active |
| Tseng, Yang Feng | Applicant | Active |
| Tseng, Pauline | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Toronto | Respondent | Active |
| Ann Borooah, Chief Building Official for City of Toronto | Respondent | Active |
Counsel
Party: Tseng, Shih Drum
This party is not represented by counsel.
Party: Tseng, Yang Feng
This party is not represented by counsel.
Party: Tseng, Pauline
This party is not represented by counsel.
Party: City of Toronto
Counsel
Christopher J. Henderson
26th Flr., Metro Hall, Stn. 1260, Legal Services
55 John St.
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-1813
FAX: (416) 397-5624
Email: kfranz@toronto.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Ann Borooah, Chief Building Official for City of Toronto
Counsel
Christopher J. Henderson
26th Flr., Metro Hall, Stn. 1260, Legal Services
55 John St.
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-1813
FAX: (416) 397-5624
Email: kfranz@toronto.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Appeal – Leave to Appeal – Whether applicants raise a legal issue – Whether issue is of public importance?
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 own a house in Toronto. In 2006, they built a two-story addition at the rear of the house without a building permit and in violation of zoning by-laws. After years of litigation, Pauline Tseng was ordered to obtain a zoning variance and a building permit. Since 2013, the City of Toronto has attempted to inspect the addition. The City applied under s. 38 of the Building Code Act, 1992, S.O. 1992, c. 23, for an order mandating an inspection and for other relief. The application judge issued an order permitting a mandatory inspection of the addition. The Divisional Court dismissed an appeal. The Court of Appeal denied leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
460/15, 2017 ONSC 3219
Appeal dismissed
Court of Appeal for Ontario
M47946
Motion for leave to 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
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