Case information
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40297
Roger Poirier v. Jeremy Logan, 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) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-08 | Judgment on leave sent to the parties | |
| 2022-12-08 |
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 C69289, 2022 ONCA 350, dated May 4, 2022, is dismissed with costs to the respondents Hilary Goldstein and Buchli Goldstein LLP. Dismissed, with costs |
|
| 2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-15 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-10-19, (Printed version filed on 2022-09-20) | Roger Poirier |
| 2022-09-07 | Certificate (on limitations to public access), 23A | Hilary Goldstein |
| 2022-09-07 | Notice of name | Hilary Goldstein |
| 2022-09-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-14, (Printed version filed on 2022-09-08) | Hilary Goldstein |
| 2022-08-16 | Correspondence received from, Request to review and consider the application together with files 40118 and 40208 as they raise the same issues ane proximate in time. | Roger Poirier |
| 2022-08-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-08-10 | |
| 2022-08-03 | Certificate (on limitations to public access), 23A | Roger Poirier |
| 2022-08-03 | Application for leave to appeal, (Book Form), Completed on: 2022-08-03, (Printed version filed on 2022-08-03) | Roger Poirier |
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 |
|---|---|---|
| Poirier, Roger | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Logan, Jeremy | Respondent | Active |
| Goldstein, Hilary | Respondent | Active |
| Friedberg, Jerry | Respondent | Active |
| Chaplick, Morey | Respondent | Active |
| M.C. Capital Corp. | Respondent | Active |
| Buchli Goldstein LLP | Respondent | Active |
Counsel
Party: Poirier, Roger
Counsel
Brandon Kain
Leah Ostler
Toronto Dominion Bank Tower
66 Wellington Street West, Suite 5300
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Email: psteep@mccarthy.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: Logan, Jeremy
Counsel
155 Wellington Street West, 35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4330
FAX: (416) 646-4301
Email: jeff.larry@paliareroland.com
Party: Goldstein, Hilary
Counsel
Mitchell McGowan
150 York St, Suite 1701
Toronto, Ontario
M5H 3S5
Telephone: (416) 364-8755
FAX: (416) 364-8855
Email: paul@papechaudhury.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Friedberg, Jerry
Counsel
200 - 15 Toronto Street
Toronto, Ontario
M5C 2E3
Telephone: (416) 599-7900
FAX: (416) 599-7910
Email: mwhelton@swlawyers.ca
Party: Chaplick, Morey
This party is not represented by counsel.
Party: M.C. Capital Corp.
This party is not represented by counsel.
Party: Buchli Goldstein LLP
Counsel
Mitchell McGowan
150 York St, Suite 1701
Toronto, Ontario
M5H 3S5
Telephone: (416) 364-8755
FAX: (416) 364-8855
Email: paul@papechaudhury.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Civil procedure — Abuse of process — Stay — Test for whether plaintiffs must immediately disclose settlement agreements to non-settling defendants — Should superior courts be denied the discretion to fashion their own remedy, and instead be compelled to stay proceedings, whenever a plaintiff fails to immediately disclose a settlement agreement to non-settling defendants?
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. Poirier commenced an action against several defendants. He entered into a settlement agreement with one of the defendants during discoveries. He did not disclose the settlement agreement to the other defendants until six months later. A motion judge stayed the proceedings because the settlement agreement had not been disclosed immediately. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 1633, CV-17-588825
Action stayed
Court of Appeal for Ontario
2022 ONCA 350, C69289
L’appel est rejeté.
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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