Case information
Consult our database for details on a Supreme Court of Canada case.
39288
Roman Catholic Episcopal Corporation of the Diocese of London in Ontario, et al. v. Irene Deschenes
(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) |
|---|---|---|
| 2021-05-12 | Close file on Leave | |
| 2021-05-12 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2021-05-12 | Certificate of taxation issued to, Loretta P. Merritt | |
| 2021-05-12 | Decision on the bill of costs, in the amount of $831.05, DeRg | |
| 2021-05-12 | Submission of the bill of costs, DeRg | |
| 2021-02-12 | Bill of costs, Completed on: 2021-02-17 | Irene Deschenes |
| 2021-02-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-12 | Judgment on leave sent to the parties | |
| 2021-02-11 |
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 C66312, 2020 ONCA 304, dated May 20, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2021-01-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-10-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-10-19 | Roman Catholic Episcopal Corporation of the Diocese of London in Ontario |
| 2020-10-09 | Certificate (on limitations to public access), (Letter Form) | Irene Deschenes |
| 2020-10-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-09 | Irene Deschenes |
| 2020-08-19 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2020/08/19 | |
| 2020-08-14 | Notice of name, (Letter Form) | Roman Catholic Episcopal Corporation of the Diocese of London in Ontario |
| 2020-08-14 | Certificate (on limitations to public access), (Letter Form) | Roman Catholic Episcopal Corporation of the Diocese of London in Ontario |
| 2020-08-14 | Application for leave to appeal, (Book Form), Completed on: 2020-08-14 | Roman Catholic Episcopal Corporation of the Diocese of London in Ontario |
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 |
|---|---|---|
| Roman Catholic Episcopal Corporation of the Diocese of London in Ontario | Applicant | Active |
| Sherlock, John Michael | Applicant | Active |
| Daniels, Anthony | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Deschenes, Irene | Respondent | Active |
Counsel
Party: Roman Catholic Episcopal Corporation of the Diocese of London in Ontario
Counsel
Brian Whitwham
255 Queens Avenue
Suite 2010
London, Ontario
N6A 5R8
Telephone: (519) 931-3500
FAX: (519) 858-8511
Email: jdowning@millerthomson.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Sherlock, John Michael
Counsel
Brian Whitwham
255 Queens Avenue
Suite 2010
London, Ontario
N6A 5R8
Telephone: (519) 931-3500
FAX: (519) 858-8511
Email: jdowning@millerthomson.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Daniels, Anthony
Counsel
Brian Whitwham
255 Queens Avenue
Suite 2010
London, Ontario
N6A 5R8
Telephone: (519) 931-3500
FAX: (519) 858-8511
Email: jdowning@millerthomson.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Deschenes, Irene
Counsel
151 Yonge Street
Suite 1500
Toronto, Ontario
M5C 2W7
Telephone: (416) 777-5404
FAX: (888) 497-8644
Email: lmerritt@torkinmanes.com
Summary
Keywords
Contracts — Remedies — Rescission — Innocent misrepresentation — What is the proper legal framework to determine whether an innocent representation justifies rescission of a contract —What degree of materiality is required for an innocent misrepresentation to trigger rescission —Have the lower courts essentially imposed partial rescission — How should the framework for rescission in the instance of innocent misrepresentation be addressed against the principle of finality of settlements?
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.
In 2000, a settlement agreement was reached with respect to allegations of sexual assault by Charles Sylvester, a priest at the Roman Catholic Episcopal Corporation of the Diocese of London in Ontario (the “Diocese”). As part of the settlement agreement, evidence was presented that the Diocese first heard allegations that Mr. Sylvestre abused children in 1989. The settlement included a full and final release in exchange for a cash payment. In 2006, further documentary evidence came to light indicating that the Diocese was notified in 1962 of three separate statements made to police regarding allegations of sexual abuse by Mr. Sylvestre. In 2008 a new action was commenced alleging misrepresentation in the initial settlement. The Diocese brought a motion to strike on the basis of the release. The motion judge concluded that, as an organization, the Diocese knew about the police records at the time the settlement was made and that there had been a unilateral mistake by the Diocese. As a result, the motion judge ordered rescission of the settlement agreement. The Court of Appeal dismissed the subsequent appeal. It held that although the motion judge could not have rescinded the settlement agreement based on unilateral mistake, they must have done so on the basis of innocent misrepresentation instead.
Lower court rulings
Ontario Superior Court of Justice
60596; 2018 ONSC 7080
Settlement agreement rescinded and set aside; Summary judgment granted; Motion to strike dismissed.
Court of Appeal for Ontario
C66312; 2020 ONCA 304
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