Case information
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38209
Navin Joshi v. Canadian Imperial Bank of Commerce, 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) |
|---|---|---|
| 2018-12-17 | Close file on Leave | |
| 2018-12-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-12-14 | Judgment on leave sent to the parties | |
| 2018-12-13 |
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 C64932, 2018 ONCA 537, dated June 8, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-11-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-09-13 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-09-13 | Navin Joshi |
| 2018-08-27 | Notice of name, (Letter Form) | Canadian Imperial Bank of Commerce |
| 2018-08-27 | Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2018/08/28 | Canadian Imperial Bank of Commerce |
| 2018-08-27 | Book of authorities, (Book Form), Completed on: 2018-08-27 | Canadian Imperial Bank of Commerce |
| 2018-08-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-08-27 | Canadian Imperial Bank of Commerce |
| 2018-07-27 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2018/07/27 | |
| 2018-07-05 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-07-03 | Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2018/08/01 | Navin Joshi |
| 2018-07-03 | Application for leave to appeal, (Book Form), Completed on: 2018-08-01 | Navin Joshi |
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 |
|---|---|---|
| Joshi, Navin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Imperial Bank of Commerce | Respondent | Active |
| Freedman, Alan S. | Respondent | Active |
Counsel
Party: Joshi, Navin
This party is not represented by counsel.
Party: Canadian Imperial Bank of Commerce
Counsel
39th Floor, TD Centre, 77 King Street West
P.O. Box 371, Stn. Toronto Dominion
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7355
FAX: (416) 362-9680
Email: frank-cesario@hicksmorley.com
Agent
150 Metcalfe Street, Suite 200
Box 371, T-D Centre
Ottawa, Ontario
K2P 1P1
Telephone: (613) 234-0386
FAX: (613) 234-0418
Email: george-vuicic@hicksmorley.com
Party: Freedman, Alan S.
Counsel
39th Floor, TD Centre, 77 King Street West
P.O. Box 371, Stn. Toronto Dominion
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7355
FAX: (416) 362-9680
Email: frank-cesario@hicksmorley.com
Agent
150 Metcalfe Street, Suite 200
Box 371, T-D Centre
Ottawa, Ontario
K2P 1P1
Telephone: (613) 234-0386
FAX: (613) 234-0418
Email: george-vuicic@hicksmorley.com
Summary
Keywords
Charter of Rights – Right to equality – Respondents’ application to have applicant’s action dismissed pursuant to Rule 2.1.01(1) granted – Whether lower courts infringed applicant’s Charter rights in disregarding Khan v. Krylov – Whether lower courts infringed applicant’s Charter rights in inventing illegitimate grounds of “thinly-disguised attack”, “relitigation” and lack of “factual foundation” to justify application of Rule 2.1.01. Whether applicant’s s. 15(1) Charter rights violated
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 respondents applied under Rule 2.1.01(1) of the Rules of Civil Procedure to have the applicant’s action dismissed. The motions judge granted the application. Her decision was upheld on appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-17-2396
Respondents’ motion to have applicant’s action dismissed granted
Court of Appeal for Ontario
C64932, 2018 ONCA 537
Applicant’s 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
Not available
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
Not available