Case information
Consult our database for details on a Supreme Court of Canada case.
38148
Guy Joseph Sanders v. Royal Bank of Canada
(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) |
|---|---|---|
| 2024-01-26 | Close file on Leave | |
| 2019-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-11 | Judgment on leave sent to the parties | |
| 2019-01-10 |
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 C63788, 2018 ONCA 165, dated February 13, 2018, 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 |
|
| 2018-12-11 | Letter advising parties of an incomplete application for leave to appeal | |
| 2018-12-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2018-11-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-08-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-08-17 | Guy Joseph Sanders |
| 2018-08-08 | Notice of name, (Letter Form) | Royal Bank of Canada |
| 2018-08-08 | Certificate (on limitations to public access), (Letter Form), Form 23A | Royal Bank of Canada |
| 2018-08-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-08-08 | Royal Bank of Canada |
| 2018-06-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018-06-11 | |
| 2018-04-23 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-04-16 | Certificate (on limitations to public access) | Guy Joseph Sanders |
| 2018-04-16 | Application for leave to appeal, (Book Form), A signed copy of the judgment from CA, proof that the Notice of Application was sent to Mrs. Sanders. (rc'd on 2018-06-13), Completed on: 2018-06-13 | Guy Joseph Sanders |
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 |
|---|---|---|
| Sanders, Guy Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada | Respondent | Active |
Counsel
Party: Sanders, Guy Joseph
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Royal Bank of Canada
Counsel
300 - 3700 Steeles Avenue West
Vaughan, Ontario
L4L 8K8
Telephone: (905) 264-6678
FAX: (905) 264-6679
Email: nml@lbnfirm.com
Summary
Keywords
Judgments and orders – Summary judgment – Procedural fairness in motions for summary judgment – Principles governing exercise of discretion – Who has burden of establishing genuine issue for trial exists or does not exist – Whether motions judge should have allowed the late filing of responding documents.
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 applicant Guy Sanders was sued by the Respondent Bank for overdraft debt, credit card debt and debt arising from a joint loan with his ex-wife Gloria. Mr. Sanders counterclaimed against the bank. The Bank brought a motion for summary judgment. A timetable was set by a judge establishing the deadlines for filing documents and a date for hearing the summary judgment motion. The applicant did not meet the deadline for filing responding materials. His lawyer did not diarize the deadline, and believed that he did not need to deliver the material until the undertakings were answered. The motions judge refused to allow him to file the material at the hearing of the motion. Judgment was issued requiring the Applicant to pay the respondent $105,231.68 and dismissing the counterclaim.
Lower court rulings
Ontario Superior Court of Justice
CV-15-541509
Motion for leave to file responding material dismissed;
Motion for summary judgment allowed;
Judgment requiring Applicant to pay respondent $105,231.68;
Counterclaim dismissed
Court of Appeal for Ontario
C63788, 2018 ONCA 165
Motion to adduce new evidence dismissed; 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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