Case information
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39469
Vito Auciello v. CIBC Mortgages 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) |
|---|---|---|
| 2021-05-04 | Close file on Leave | |
| 2021-04-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-04-06 | Judgment on leave sent to the parties | |
| 2021-04-01 |
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 M51270, 2020 ONCA 553, dated September 4, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2021-03-05 | Notice of name | Home Trust Company |
| 2021-03-04 | Notice of name, (Letter Form), (Printed version filed on 2021-03-15) | CIBC Mortgages Inc. |
| 2021-03-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-05 | Correspondence received from | Vito Auciello |
| 2021-02-05 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-03-01 | Vito Auciello |
| 2021-01-29 | Certificate (on limitations to public access) | Home Trust Company |
| 2021-01-29 | Respondent's response on the application for leave to appeal, (Book Form), Notice of Name REQUIRED (rec'd 2021-03-05), Completed on: 2021-03-02 | Home Trust Company |
| 2021-01-28 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2021-02-01) | CIBC Mortgages Inc. |
| 2021-01-28 | Respondent's response on the application for leave to appeal, (Letter Form), Notice of name REQUIRED. (rec'd 2021-03-04), Completed on: 2021-03-02, (Printed version filed on 2021-02-01) | CIBC Mortgages Inc. |
| 2021-01-07 | Correspondence received from, Lower Cout judgment and CA draft Order filing | Vito Auciello |
| 2021-01-05 |
Correspondence received from, Court Order Form rec'd estimate as to when court order will be filed: March 31, 2021 |
Vito Auciello |
| 2020-12-18 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2020-12-18 | |
| 2020-11-12 |
Application for leave to appeal, (Book Form), (5 volumes), Required: -public access to info form -TC Order - rec' 2021-01-07 -CA Order - rec' 2021-03-02, Completed on: 2021-03-02 |
Vito Auciello |
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 |
|---|---|---|
| Auciello, Vito | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| CIBC Mortgages Inc. | Respondent | Active |
| Home Trust Company | Respondent | Active |
Counsel
Party: Auciello, Vito
This party is not represented by counsel.
Party: CIBC Mortgages Inc.
Counsel
1100-25 Sheppard Ave West
North York, Ontario
M2N 6S6
Telephone: (416) 225-8750
FAX: (416) 225-7214
Email: oferlisi@krmc-law.com
Party: Home Trust Company
Counsel
One Main Street West
Hamilton, Ontario
L8P 4Z5
Telephone: (905) 540-3260
FAX: (905) 523-2504
Email: amanda.jackson@gowlingwlg.com
Summary
Keywords
Courts — Powers of the Court of Appeal — Applicant seeking leave to appeal costs award —Leave to appeal denied by the Court of Appeal — Whether the Court of Appeal erred.
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.
Mr. Auciello sued the respondents for damages in the amount of $100,000 for breach of contract, bad faith, intentional and unlawful interference with economic relations, breach of duty of good faith, irreparable harm to business reputation, loss of business and loss of business opportunity; $50,000 for mental and emotional distress; and $25,000 for aggravated and punitive damages against each respondent. Brown J. awarded partial indemnity costs in the respective amounts of $23,420.82 and $24,743.22 to the responding parties. Mr. Auciello’s application for leave to appeal was denied by the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 5637 ;, CV-12-445032 ;
Ruling on costs award
Court of Appeal for Ontario
2020 ONCA 553 ;, M51270 ;
Applicant’s application for leave to appeal denied
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