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.
39485
Houston Thomas Engio v. Neilas (799 College St) 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) |
|---|---|---|
| 2021-07-02 | Close file on Leave | |
| 2021-06-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-06-24 | Judgment on leave sent to the parties | |
| 2021-06-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66584, 2020 ONCA 496, dated August 6, 2020, is dismissed. Dismissed |
|
| 2021-06-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2021-05-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-25 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-05-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), require: filing fee (rec'd 2021-06-07), Completed on: 2021-05-26, (Printed version due on 2021-05-27) | Houston Thomas Engio |
| 2021-01-04 | Correspondence received from, CA Order Form . Estimate date 2021-01-14 | Houston Thomas Engio |
| 2021-01-04 |
Certificate (on limitations to public access), Proof of service. REQUIRED |
Houston Thomas Engio |
| 2020-12-21 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2020-12-21 | |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 7 Court of Appeal for Ontario: Appellant's Costs Submissions |
Houston Thomas Engio |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 6 Court of Appeal for Ontario: Appellant's/ Moving Party's Factum to Introduce Fresh Evidence in the Appeal |
Houston Thomas Engio |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 5 Court of Appeal for Ontario: Appellant's Factum in the Appeal |
Houston Thomas Engio |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 4 Court of Appeal for Ontario: Appellant's Supplementary Motion Record to Adduce Fresh Evidence in the Appeal |
Houston Thomas Engio |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 3 Court of Appeal for Ontario: Appellant's Motion Record to Adduce Fresh Evidence in the Appeal |
Houston Thomas Engio |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 2 Court of Appeal for Ontario: Appellant's Exhibit Book |
Houston Thomas Engio |
| 2020-11-13 |
Supplemental document, (Book Form), Supplemental document 1 Court of Appeal for Ontario: Appellant's Appeal Book and Compendium |
Houston Thomas Engio |
| 2020-11-13 |
Application for leave to appeal, (Book Form), STILL REQUIRED: -motion to extend time (rec'd 2021-05-19) -amended cover page, containing amended style of cause -final CA Order required, now received: -public access to info form (rec'd 2021-01-04) -TC Order (rec'd 2021-01-04) received: -draft CA Order (rec'd 2021-01-03), Completed on: 2021-05-26 |
Houston Thomas Engio |
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 |
|---|---|---|
| Engio, Houston Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Neilas (799 College St) Inc. | Respondent | Active |
| Skypoint Hi-Rise Ltd. | Respondent | Active |
Counsel
Party: Engio, Houston Thomas
This party is not represented by counsel.
Party: Neilas (799 College St) Inc.
Counsel
Suite 2100, Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5462
FAX: (416) 640-3209
Email: mstcyr@cassels.com
Party: Skypoint Hi-Rise Ltd.
Counsel
Suite 2100, Scotia Plaza
40 King Street West
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5462
FAX: (416) 640-3209
Email: mstcyr@cassels.com
Summary
Keywords
Civil Procedure — Motion to enforce settlement agreement granted — Whether Court of Appeal’s reasons for decision were insufficient — Whether action was marred by bad faith abuse of process by the respondents and by breach of duty of loyalty, confidentiality and privilege by the applicant’s former solicitor.
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.
Houston Thomas Engio is a licensed engineer, and the sole director of Houston Engineering and VN Engineers. The respondents are the owner of a condominium property, and the construction management company retained for construction services. The respondents brought a motion to enforce a settlement agreement between them. The motion judge granted the motion. The Court of Appeal dismissed the motion to adduce fresh evidence, and the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-11-423244 ;
Respondents’ motion to enforce settlement agreement granted
Court of Appeal for Ontario
2020 ONCA 496 ;, C66584 ;
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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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