Case information
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40118
Tallman Truck Centre Limited v. K.S.P. Holdings Inc.
(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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-10-20 | Judgment on leave sent to the parties | |
| 2022-10-20 |
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 C69194, 2022 ONCA 66, dated January 27, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-08-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-20 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-06-23) | Tallman Truck Centre Limited |
| 2022-06-08 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-06-09) | K.S.P. Holdings Inc. |
| 2022-06-08 | Notice of name, (Letter Form), (Printed version filed on 2022-06-09) | K.S.P. Holdings Inc. |
| 2022-06-08 | Respondent's response on the application for leave to appeal, (Book Form), require: service (rec'd 2022-07-06), Completed on: 2022-07-06, (Printed version filed on 2022-06-09) | K.S.P. Holdings Inc. |
| 2022-05-24 | Correspondence received from | Tallman Truck Centre Limited |
| 2022-05-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-05-09 | |
| 2022-03-28 | Notice of name, (Letter Form), (Printed version due on 2022-04-04) | Tallman Truck Centre Limited |
| 2022-03-28 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-04) | Tallman Truck Centre Limited |
| 2022-03-28 |
Application for leave to appeal, (Book Form), Required: CA Order (rec'd 2022-06-14), Completed on: 2022-07-06, (Printed version filed on 2022-03-28) |
Tallman Truck Centre Limited |
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 |
|---|---|---|
| Tallman Truck Centre Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| K.S.P. Holdings Inc. | Respondent | Active |
Counsel
Party: Tallman Truck Centre Limited
Counsel
Dena N. Varah
Sean Lewis
Enzo Di Iorio
Suite 2600
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3096
FAX: (416) 865-9010
Email: tcurry@litigate.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: K.S.P. Holdings Inc.
Counsel
120 Adelaide Street West
Suite 1214
Toronto, Ontario
M5H 1T1
Telephone: (416) 725-2882
Email: jfeiner@cormanfeiner.com
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Summary
Keywords
Civil procedure — Abuse of process — Stay — Should a breach of a plaintiff’s disclosure obligations regarding a partial settlement agreement automatically result in a finding of an abuse of process and a stay of proceedings with no judicial discretion?<br>
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.
Tallman Truck Centre Limited commenced an action against K.S.P. Holdings Inc. and Secure Capital Advisors Inc. It then entered into a settlement agreement with Secure Capital Advisors Inc. The agreement was executed on June 7, 2022, however, Tallman Truck Centre Limited did not disclose the settlement agreement to K.S.P. Holdings Inc. until June 27, 2018. KSP filed a motion to stay the action. The motions judge granted the motion. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 984, CV-17-571659
Action stayed
Court of Appeal for Ontario
2022 ONCA 66, C69194
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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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
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