Case information
Consult our database for details on a Supreme Court of Canada case.
38697
Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves v. Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers
(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) |
|---|---|---|
| 2019-11-20 | Close file on Leave | |
| 2019-11-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-15 | Judgment on leave sent to the parties | |
| 2019-11-14 |
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 C65782, 2019 ONCA 314, dated April 24, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-09-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-08-27 | Book of authorities, (Book Form), Completed on: 2019-08-27 | Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers |
| 2019-08-27 | Notice of name, (Letter Form) | Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers |
| 2019-08-27 | Certificate (on limitations to public access), (Letter Form), 23A | Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers |
| 2019-08-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-27 | Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers |
| 2019-07-05 | Correspondence received from, (Letter Form), CA Order Form - expected July 26, 2019 | Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves |
| 2019-06-27 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED JUNE 27, 2019 | |
| 2019-06-20 | Certificate (on limitations to public access), (Letter Form) | Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves |
| 2019-06-20 | Notice of name, (Letter Form) | Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves |
| 2019-06-20 | Application for leave to appeal, (Book Form), Missing CA order- Received July 12, 2019, Completed on: 2019-07-15 | Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves |
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 |
|---|---|---|
| Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers | Respondent | Active |
Counsel
Party: Mary Ann Parker and Stephen Colville-Reeves, in their capacity as Estate Trustees of the Estate of David Colville-Reeves
Counsel
Adam Hirsh
100 King Street West
1 First Canadian Place, Suite 6200, P.O. Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 362-2111
FAX: (416) 862-6666
Email: mgelowitz@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Party: Canadian Home Publishers Inc., in its capacity as the General Partner of Canadian Home Publishers
Counsel
Ryann Atkins
2750-145 King St. W.
Toronto, Ontario
M5H 1J8
Telephone: (416) 644-5353
FAX: (416) 598-3730
Email: mgottlieb@lolg.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
Commercial law — Partnerships — Estate of limited partner who died without partnership agreement seeking to obtain share of residual assets of limited partnership — What are respective rights of limited partners and general partners on dissolution of limited partnership — Is a limited partner entitled to share in residual value of limited partnership on dissolution, or should general partner be entitled to expropriate those assets to itself?
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.
Canadian Home Publishers (“CHP”), a limited partnership, was formed having Canadian Home Publishers Inc. (“CHPI”), as its general partner and David Colville Reeves as its sole limited partner. CHPI was wholly owned by Lynda Reeves who married David in 1985. CHP was formed to acquire the business of Canadian House and Home magazine. Lynda ran the business as its publisher. David and Lynda verbally agreed that CHPI and David would each be entitled to 50% of the profits of the business. This profit sharing arrangement continued to the date of David’s death and afterward. In the early years of Lynda’s management of the business, David provided capital contributions to CHP totaling approximately $1.8 million. In 1991, David and Lynda divorced. David died on October 25, 2012. The parties had made no arrangements regarding what would happen to the business interests in the event of David’s death. There was no agreement that the estate or any beneficiary would become a substituted limited partner in CHP. The parties brought an application to determine, the effect of David’s death on the limited partnership and entitlement of the parties to the assets of the limited partnership upon dissolution, on the basis of the Limited Partnerships Act, R.S.O. 1990, c. L.26 and the Partnerships Act, R.S.O. 1990, c. P.5. The application judge determined that CHP was dissolved on David’s death. Any residual assets of CHP were to be distributed equally between Lynda and the Estate. The Court of Appeal confirmed that CHP was dissolved on David’s death but held that the Estate had no interest in the residual assets of CHP.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 44, CV-13-10297-00CL
Order declaring limited partnership was dissolved on death of sole limited partner; Residual assets to be distributed equally between general partner and estate
Court of Appeal for Ontario
2019 ONCA 314, C65782
Respondent’s appeal allowed; Estate not entitled to share of residual assets.
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