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.
38776
Pita Royale Inc. o/a Aroma Taste of the Middle East v. Buckingham Properties Inc., 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) |
|---|---|---|
| 2023-07-10 | Close file on Leave | |
| 2020-09-22 | Certificate of taxation issued to, Respondents | |
| 2020-09-22 | Decision on the bill of costs, in the amount of $828.25, DeRg | |
| 2020-09-22 | Submission of the bill of costs, DeRg | |
| 2020-01-21 | Bill of costs, Filing fee missing, Incomplete | Buckingham Properties Inc. |
| 2019-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-29 | Judgment on leave sent to the parties | |
| 2019-11-28 |
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 C64803, 2019 ONCA 439, dated May 27, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-10-16 | Certificate (on limitations to public access), (Letter Form), 23A | Buckingham Properties Inc. |
| 2019-10-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-09-26 |
Respondent's response on the application for leave to appeal, (Book Form), MISSING : 23A (and 23B if applicable), Amended cover for the electronic format., Completed on: 2019-10-16 |
Buckingham Properties Inc. |
| 2019-09-04 | Correspondence received from, (Letter Form), RE: CA Order | Pita Royale Inc. o/a Aroma Taste of the Middle East |
| 2019-08-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 08-29-2019 | |
| 2019-08-26 | Certificate (on limitations to public access), (Letter Form) | Pita Royale Inc. o/a Aroma Taste of the Middle East |
| 2019-08-26 | Notice of name, (Letter Form) | Pita Royale Inc. o/a Aroma Taste of the Middle East |
| 2019-08-26 | Application for leave to appeal, (Book Form), (2 volumes), Missing CA order (rec'd 2019-11-18)., Completed on: 2019-10-31 | Pita Royale Inc. o/a Aroma Taste of the Middle East |
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 |
|---|---|---|
| Pita Royale Inc. o/a Aroma Taste of the Middle East | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Buckingham Properties Inc. | Respondent | Active |
| Mandelbaum, William | Respondent | Active |
Counsel
Party: Pita Royale Inc. o/a Aroma Taste of the Middle East
Counsel
45 Sheppard Avenue East, Suite 302
Toronto, Ontario
M2N 5W9
Telephone: (416) 954-9962
FAX: (416) 848-6998
Email: harvey@consky.ca
Party: Buckingham Properties Inc.
Counsel
1600 Steeles Avenue West, Suite 218
Concord, Ontario
L4K 4M2
Telephone: (905) 761-8711
FAX: (905) 761-8633
Email: wfield@okellweisman.ca
Party: Mandelbaum, William
Counsel
1600 Steeles Avenue West, Suite 218
Concord, Ontario
L4K 4M2
Telephone: (905) 761-8711
FAX: (905) 761-8633
Email: wfield@okellweisman.ca
Summary
Keywords
Leases — Damages — Quantum — Joint and several liability — Whether the corporate veil protects a director from personal liability when he commits an act that is itself tortious in the course of his corporate duties — Whether a court can refuse to assess the quantum of damages where the assessment is difficult.<br>
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 and tenant, Pita Royale Inc. o/a Aroma Taste of the Middle East, sued the respondent and landlord Buckingham Properties, and the respondent and principal, Mr. Mandelbaum, for improper termination of a commercial lease and illegal distraint or conversion of restaurant chattels. The trial judge found that the lease termination was proper, but that the landlord had illegally distrained the tenant’s chattels. The tenant was awarded damages for conversion, punitive damages, and costs on a partial indemnity basis. The trial judge also held that the principal was jointly and severally liable for those damages with the landlord. The Court of Appeal allowed the landlord and principal’s appeal in part, finding that the trial judge had erred by miscalculating the damages for conversion. The court reduced the damages. It also concluded that the trial judge had erred in her analysis of the parties to the lease and had failed to consider the nature of the allegations pleaded. In the court’s view, this was not one of those exceptional cases where the corporate veil should be pierced.
Lower court rulings
Ontario Superior Court of Justice
2017 ONSC 5976, CV-12-458095
Action for damages for illegal distraint and improper termination of commercial lease: respondents held jointly and severally liable to pay damages.
Court of Appeal for Ontario
2019 ONCA 439, C64803
Appeal allowed in part.
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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