Case information
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39963
Jean-Pierre N. Asfar, et al. v. Sun Life Assurance Company of Canada, 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) |
|---|---|---|
| 2022-04-14 | Close file on Leave | |
| 2022-04-14 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application., The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67095, 2020 ONCA 31, dated January 20, 2020 would have been dismissed. Jamal J. took no part in the judgment. Dismissed |
|
| 2022-04-13 | Correspondence (sent by the Court) to, Linda M. Plumpton, counsel for the respondents, Re: letter by Registrar in response to letter dated April 8, 2022 | |
| 2022-04-12 | Notice of name, (Letter Form), documents not accepted for filing under 32(2), (Printed version due on 2022-04-21) | Sun Life Assurance Company of Canada |
| 2022-04-12 | Certificate (on limitations to public access), (Letter Form), documents not accepted for filing under 32(2), (Printed version due on 2022-04-21) | Sun Life Assurance Company of Canada |
| 2022-04-12 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), documents not accepted for filing under 32(2), Completed on: 2022-04-13, (Printed version filed on 2022-04-12) | Sun Life Assurance Company of Canada |
| 2022-04-12 | Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), documents not accepted for filing under 32(2), Completed on: 2022-04-13, (Printed version filed on 2022-04-12) | Sun Life Assurance Company of Canada |
| 2022-04-12 | Correspondence received from, (Letter Form), Applicants response to Respondent request for postponement of the decision on application for leave to appeal | Jean-Pierre N. Asfar |
| 2022-04-08 | Correspondence received from, Respondents request that the decision on the application for leave to appeal be held in abeyance to allow the filing and service of their response to the application. | Sun Life Assurance Company of Canada |
| 2022-03-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-02-24 | Respondent's response on the application for leave to appeal, (Letter Form), Respondent does not intend to file a response, Completed on: 2022-04-13, (Printed version due on 2022-03-03) | Sun Life Assurance Company of Canada |
| 2021-12-23 | Correspondence received from, (Letter Form), Ms. Linda Plumpton will now be lead Counsel for the Respondents, (Printed version due on 2022-01-04) | Jean-Pierre N. Asfar |
| 2021-12-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-23 | |
| 2021-12-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-12-23, (Printed version filed on 2021-12-17) | Jean-Pierre N. Asfar |
| 2021-08-13 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-08-16) | Jean-Pierre N. Asfar |
| 2021-08-13 | Notice of name, (Letter Form), (Printed version filed on 2021-08-16) | Jean-Pierre N. Asfar |
| 2021-08-13 |
Application for leave to appeal, (Book Form), Require: -Motion for extension of time rec'd 2021-12-16 -Court of Appeal Order (rec'd 2021-12-24) - Clarification on counsel for the Respondent (rec'd 2021-12-23), Completed on: 2022-02-24, (Printed version filed on 2021-08-16) |
Jean-Pierre N. Asfar |
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 |
|---|---|---|
| Asfar, Jean-Pierre N. | Applicant | Active |
| Equity Cheque Card Corporation Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sun Life Assurance Company of Canada | Respondent | Active |
| Sun Life Financial Inc. | Respondent | Active |
| Sun Life Financial Canada | Respondent | Active |
Counsel
Party: Asfar, Jean-Pierre N.
Counsel
306-3852 finch Avenue East
Toronto, Ontario
M1T 3T9
Telephone: (416) 220-4676
Email: info@truszlaw.com
Party: Equity Cheque Card Corporation Limited
Counsel
306-3852 finch Avenue East
Toronto, Ontario
M1T 3T9
Telephone: (416) 220-4676
Email: info@truszlaw.com
Party: Sun Life Assurance Company of Canada
Counsel
Morag McGreevey
Ste. 3000, 79 Wellington Street West, TD Centre
P.O. Box 270, Stn.
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8193
FAX: (416) 865-7380
Email: lplumpton@torys.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Sun Life Financial Inc.
Counsel
Morag McGreevey
Ste. 3000, 79 Wellington Street West, TD Centre
P.O. Box 270, Stn.
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8193
FAX: (416) 865-7380
Email: lplumpton@torys.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Sun Life Financial Canada
Counsel
Morag McGreevey
Ste. 3000, 79 Wellington Street West, TD Centre
P.O. Box 270, Stn.
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8193
FAX: (416) 865-7380
Email: lplumpton@torys.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Limitation of actions — Constructive trusts — Whether equitable remedy of a constructive trust is statute barred in all but family law context — Whether Court of Appeal erred in not deconstructing the factual matrix of claims in light of a gap in law — Whether damage, injury or loss can be determined absent legal analysis on existence of legal principle — Discoverability of novel question of law for which there is no guiding legal principle especially when damage or loss is predicated on damages or losses not yet deemed accrued — Whether public interest arises given that financial system is predicated on monies put forward by clients as trustors to financial institutions as trustees?
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.
Equity Cheque Card Corporation Ltd. and its principal, Mr. Asfar, commenced an action against Sun Life Assurance Company of Canada, Sun Life Financial Inc. and Sun Life Financial Canada. A motions judge granted summary judgment dismissing the claim as barred by the Limitations Act, 2002, S.O. 2002, c. 24. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 3098, CV-18-00596750-0000
Summary judgment dismissing claim granted
Court of Appeal for Ontario
2020 ONCA 31, C67095
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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
Not available