Case information
Consult our database for details on a Supreme Court of Canada case.
39399
Shergar Development Inc. v. City of Windsor
(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) |
|---|---|---|
| 2023-05-19 | Close file on Leave | |
| 2023-05-19 | General proceeding, (Letter Form), Declaration of judgment satisfaction | City of Windsor |
| 2023-05-19 | Reopen file | |
| 2021-03-15 | Close file on Leave | |
| 2021-03-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-03-12 | Judgment on leave sent to the parties | |
| 2021-03-11 |
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 C67508, 2020 ONCA 490, dated August 4, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2021-02-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-01-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-01-29 | Shergar Development Inc. |
| 2021-01-07 | Notice of name, (Letter Form), (Printed version due on 2021-01-14) | City of Windsor |
| 2021-01-07 | Certificate (on limitations to public access) | City of Windsor |
| 2021-01-07 | Book of authorities, (Book Form), Completed on: 2021-01-29, (Printed version due on 2021-01-14) | City of Windsor |
| 2021-01-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-01-29, (Printed version due on 2021-01-14) | City of Windsor |
| 2020-11-26 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 11/26/20 | |
| 2020-11-12 | Certificate (on limitations to public access), (Letter Form) | Shergar Development Inc. |
| 2020-11-12 | Notice of name, (Letter Form) | Shergar Development Inc. |
| 2020-11-12 | Application for leave to appeal, (Book Form), Completed on: 2020-11-12 | Shergar Development 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 |
|---|---|---|
| Shergar Development Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Windsor | Respondent | Active |
Counsel
Party: Shergar Development Inc.
Counsel
Anne Tardif
Roberto D. Aburto
Michelle J.T. Cicchino
50 Queen Street North, Suite 1020
P.O. Box 2248
Kitchener, Ontario
N2H 6M2
Telephone: (519) 575-7518
FAX: (519) 571-5018
Email: john.doherty@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: City of Windsor
Counsel
Gabrielle Kramer
Bay Adelaide Centre, East Tower
22 Adelaide Street West, Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6275
FAX: (416) 361-2708
Email: swaque@blg.com
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
Expropriation — Administrative law — Appeals — Costs — Ontario Municipal Board — Expropriation of lands owned by applicant — OMB granting costs in favour of City following date of 2015 offer — Decision upheld by courts — What are fundamental objectives of expropriation legislation and how should it be interpreted — When can costs be ordered against an expropriated party — Expropriations Act, R.S.O. 1990, c. E.26
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.
This appeal has been ongoing for several years and arises from a proceeding wherein the respondent, City of Windsor expropriated certain property along the Detroit River in Windsor owned by the applicant, Shergar Development Inc. The initial Ontario Municipal Board (OMB) decision awarded Shergar all costs related to the expropriation. At the rehearing decision, the OMB exercised its discretion and denied Shergar its costs from the date of the 2015 offer and found the City to be entitled to its costs from this date forward. The Superior Court agreed with the OMB’s rehearing decision and dismissed Shergar’s appeal. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
071/18, 2019 ONSC 2623
Appeal by Shergar to set aside rehearing decision of Ontario Municipal Board dismissed.
Court of Appeal for Ontario
2020 ONCA 490, C67508
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