Case information
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38232
Catalyst Capital Group Inc. v. Brandon Moyse, 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) |
|---|---|---|
| 2019-07-25 | Close file on Leave | |
| 2019-07-25 | Certificate of taxation issued to, Denise Cooney | |
| 2019-07-25 | Decision on the bill of costs, in the amount of $1,193.96, Reg | |
| 2019-07-25 | Submission of the bill of costs, Reg | |
| 2019-07-11 | Certificate of taxation issued to, Matthew Milne-Smith | |
| 2019-07-11 | Decision on the bill of costs, in the amount of $1,293.88, Reg | |
| 2019-07-11 | Submission of the bill of costs, Reg | |
| 2019-04-23 | Bill of costs, (Letter Form), Completed on: 2019-04-23 | Brandon Moyse |
| 2019-04-10 | Bill of costs, (Letter Form), Completed on: 2019-04-10 | West Face Capital Inc. |
| 2019-03-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-03-29 | Judgment on leave sent to the parties | |
| 2019-03-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgments of the Court of Appeal for Ontario, Number C62655, dated February 21, 2018, Number C62655, 2018 ONCA 283, dated March 22, 2018, and Number C62655, 2018 ONCA 447, dated May 11, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-03-28 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave. Granted |
|
| 2019-02-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-02-25 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-09-24 | Applicant's reply to respondent's argument, (Book Form), Joint, Completed on: 2018-09-24 | Catalyst Capital Group Inc. |
| 2018-09-14 | Certificate (on limitations to public access), (Letter Form) | Brandon Moyse |
| 2018-09-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-14 | Brandon Moyse |
| 2018-09-13 | Certificate (on limitations to public access), (Letter Form) | West Face Capital Inc. |
| 2018-09-13 | Notice of name, (Letter Form) | West Face Capital Inc. |
| 2018-09-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-13 | West Face Capital Inc. |
| 2018-08-27 | Supplemental document, (Letter Form), Affidavit of David C. Moore | Catalyst Capital Group Inc. |
| 2018-08-27 | Reply to the motion to extend time to file and/ or serve the leave application, (Letter Form), Completed on: 2018-08-27 | Catalyst Capital Group Inc. |
| 2018-08-20 | Book of authorities, (Book Form), on response to motion to extend time. 2 copies missing-rec'd 2018/08/22, Completed on: 2018-08-22 | West Face Capital Inc. |
| 2018-08-20 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), Completed on: 2018-08-20 | West Face Capital Inc. |
| 2018-08-17 | Certificate (on limitations to public access), (Letter Form) | Brandon Moyse |
| 2018-08-17 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), 4 copies missing-rec'd 2018/08/23, Completed on: 2018-08-23 | Brandon Moyse |
| 2018-08-15 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018/08/15 | |
| 2018-08-08 | Notice of name, (Letter Form) | Catalyst Capital Group Inc. |
| 2018-08-08 | Certificate (on limitations to public access), (Letter Form) | Catalyst Capital Group Inc. |
| 2018-08-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2018-08-08 | Catalyst Capital Group Inc. |
| 2018-08-08 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2018-08-08 | Catalyst Capital Group 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 |
|---|---|---|
| Catalyst Capital Group Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Moyse, Brandon | Respondent | Active |
| West Face Capital Inc. | Respondent | Active |
Counsel
Party: Catalyst Capital Group Inc.
Counsel
Kenneth G. G. Jones
393 University Avenue
Suite 1600
Toronto, Ontario
M5G 1E6
Telephone: (416) 581-1818 Ext: 222
FAX: (416) 581-1279
Email: david@moorebarristers.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Moyse, Brandon
Counsel
Kristen Borg-Olivier
Denise Cooney
155 Wellington Street West, 35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4314
FAX: (416) 646-4301
Email: robert.centa@palaireroland.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: West Face Capital Inc.
Counsel
Andrew Carlson
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-0900
FAX: (416) 863-0871
Email: mmilne-smith@dwpv.com
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Summary
Keywords
Appeals — Evidence — Spoliation — Appropriate legal tests to be applied to determine whether spoliation has occurred in a case involving the admitted destruction of unknown electronically stored information — Whether trial judge erred in law in legal tests applied to determine whether spoliation had occurred — Whether Court of Appeal erred in law by upholding trial judge’s decision in respect of spoliation, and, by holding that it need not consider issues of law argued because of trial judge's findings in respect of spoliation.
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, Catalyst Capital Group Inc. and the respondent, West Face Capital Inc. are Toronto-based investment management firms. Catalyst brought an action against West Face for an alleged misuse of confidential Catalyst information regarding WIND Mobile Inc. that Catalyst claimed was obtained by West Face from the respondent, Mr. Moyse who had previously worked for Catalyst before joining West Face. Catalyst claimed that West Face had used that confidential information to successfully acquire an interest in WIND.
The trial judge dismissed all claims against West Face and Mr. Moyse and awarded costs to West Face on a substantial indemnity basis and costs to Mr. Moyse on a partial indemnity basis. Catalyst appealed from the dismissal of its claims and sought leave to appeal from the costs order.
The Court of Appeal dismissed Catalyst’s appeal from the bench with reasons to follow and reserved judgment on the costs-related appeals. The Court of Appeal went on to dismiss the application for leave to appeal the costs judgment.
Lower court rulings
Ontario Superior Court of Justice
2016 ONSC 5271, CV-16-11272-00CL
Action dismissed.
Court of Appeal for Ontario
C62655
Appeal by Catalyst Capital Group Inc. dismissed from bench.
Court of Appeal for Ontario
C62655, 2018 ONCA 283
Appeal by Catalyst Capital Group Inc. dismissed; Application for leave to appeal trial cost judgment dismissed.
Court of Appeal for Ontario
C62655, 2018 ONCA 447
Catalyst ordered to pay West Face costs of the appeal in amount of $200, 000; Catalyst ordered to pay Mr. Moyse costs of the appeal in amount of $100, 000.
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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