Case information
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40208
Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited, et al. v. Elko Industrial Trading Corp., 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) |
|---|---|---|
| 2022-10-27 | 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 C69398, 2022 ONCA 311, dated April 21, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-09-13 | Supplemental document, (Letter Form), Hamilton-Wentworth District School Board v. Zizek, 2022 ONCA 638, (Printed version due on 2022-09-20) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited |
| 2022-09-13 | Correspondence received from, (Letter Form), Agent for the Applicants wish to notify the Court of a new decision of the Ontario Court of Appeal released on September 8, 2022: Hamilton-Wentworth District School Board v. Zizek, 2022 ONCA 638, (Printed version filed on 2022-09-15) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited |
| 2022-08-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-08-26, (Printed version filed on 2022-08-29) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited |
| 2022-08-15 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-15) | Elko Industrial Trading Corp. |
| 2022-08-15 | Notice of name, (Letter Form), (Printed version filed on 2022-08-15) | Elko Industrial Trading Corp. |
| 2022-08-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-15) | Elko Industrial Trading Corp. |
| 2022-06-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-06-14 | |
| 2022-06-08 | Correspondence received from, (Letter Form), SCC files 40118 and 40208 are related decisions. Both applications seek leave to appeal from decisions of the ONCA in 2022 and raise issues concerning whether a stay of proceedings is the only and automatic remedy if any delay by a plaintiff in immediately notifying other parties of a partial settlement agreement with one or more parties. Both applications call into question whether the Ontario jurisprudence relied upon by the ONCA, inconsistent as it is with other provinces, is just and equitable., (Printed version due on 2022-06-15) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited |
| 2022-06-08 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-06-15) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited |
| 2022-06-08 | Notice of name, (Letter Form), (Printed version due on 2022-06-15) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited |
| 2022-06-08 | Application for leave to appeal, (Book Form), require: CA Order (rec'd 2022-08-26), Completed on: 2022-08-26, (Printed version filed on 2022-06-08) | Morris Waxman as assignee of the Estate Of I. Waxman & Sons 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 |
|---|---|---|
| Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited | Applicant | Active |
| Waxman, Morris | Applicant | Active |
| Solid Waste Reclamation Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Elko Industrial Trading Corp. | Respondent | Active |
| Samee, Ahmed (Albert) | Respondent | Active |
Counsel
Party: Morris Waxman as assignee of the Estate Of I. Waxman & Sons Limited
Counsel
Earl A. Cherniak, Q.C.
Rebecca F. Shoom
225 King Street West
Suite 1500
Toronto, Ontario
M5V 3M2
Telephone: (416) 867-3076
Email: wpepall@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Waxman, Morris
Counsel
Earl A. Cherniak, Q.C.
Rebecca F. Shoom
225 King Street West
Suite 1500
Toronto, Ontario
M5V 3M2
Telephone: (416) 867-3076
Email: wpepall@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Solid Waste Reclamation Inc.
Counsel
Earl A. Cherniak, Q.C.
Rebecca F. Shoom
225 King Street West
Suite 1500
Toronto, Ontario
M5V 3M2
Telephone: (416) 867-3076
Email: wpepall@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Elko Industrial Trading Corp.
Counsel
Jean-Claude Killey
Hailey Bruckner
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4311
FAX: (416) 646-4301
Email: gordon.capern@paliareroland.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Party: Samee, Ahmed (Albert)
Counsel
Jean-Claude Killey
Hailey Bruckner
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4311
FAX: (416) 646-4301
Email: gordon.capern@paliareroland.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Civil procedure — Abuse of process — Stay — Should a breach of a party’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 application of judicial discretion as to the remedy appropriate in the circumstances — What types of agreements between some, but not all, parties to litigation engage the obligation of immediate disclosure?
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.
Plaintiffs commenced an action against several defendants including Elko Industrial Trading Corp. Discoveries ended in 2015. In 2018, the plaintiffs advised Elko Industrial Trading Corp. that they had resolved claims with some of the defendants and they provided a draft notice of motion for summary judgment that referred to settlements. The settlement agreements were not disclosed until later. Elko Industrial Trading Corp. filed a motion to stay the action. The motion judge stayed the action. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
07-CL-6901, 2021 ONSC 2180
Application to dismiss action granted
Court of Appeal for Ontario
2022 ONCA 311, C69398
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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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