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.
40524
TotalUp Inc. v. Vince De Marinis
(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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-11 | Judgment on leave sent to the parties | |
| 2023-05-11 |
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 M53400, dated October 14, 2022 is dismissed. Dismissed |
|
| 2023-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-02-09 | TotalUp Inc. |
| 2023-01-31 | Certificate (on limitations to public access), Public access to information form | Vince De Marinis |
| 2023-01-30 |
Respondent's response on the application for leave to appeal, (Book Form), Required: - Public access to information form (rec'd 2023-02-09), Completed on: 2023-02-09, (Printed version due on 2023-02-06) |
Vince De Marinis |
| 2022-12-28 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 12/28/22 | |
| 2022-11-28 | Certificate (on limitations to public access), Missing: Proof of Service | TotalUp Inc. |
| 2022-11-28 |
Application for leave to appeal, (Book Form), Missing: -Contact information for the respondent, Jim Chung (rec'd 2023-01-05), Completed on: 2023-01-24, (Printed version due on 2022-12-05) |
TotalUp Inc. |
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 |
|---|---|---|
| TotalUp Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| De Marinis, Vince | Respondent | Active |
Counsel
Party: TotalUp Inc.
This party is not represented by counsel.
Party: De Marinis, Vince
This party is not represented by counsel.
Summary
Keywords
Civil procedure — Costs — Contracts — Breach — Contractual arrangement between parties to lease or supply gaming tables to casino — Dispute between parties as to division of profits — Small Claims Court dismissing applicant’s claim but allowing respondent’s claim — Divisional Court setting Small Claims judgments aside because of calculation error, but awarding costs to respondent — Court of Appeal denying applicant leave to appeal Divisional Court decision — Whether Divisional Court relied on incorrect statements and allegations made in Small Claims Court which were contradicted by facts and evidence — Whether there are serious reasons to doubt basis and reason for costs award in Divisional Court.
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.
The applicant, TotalUp Inc., and the respondent, Vince De Marinis, entered into a contractual arrangement to lease or supply gaming tables to a casino. After a dispute arose between the parties with respect to how to divide up the money received from the casino, TotalUp sued Mr. De Marinis, who then brought his own claim. The Small Claims Court dismissed TotalUp’s claim, entered judgment for $9,413.82 in favour of Mr. De Marinis in his claim, and awarded costs to Mr. De Marinis in the amount of $1,000. TotalUp appealed both decisions. The Divisional Court allowed TotalUp’s appeal, noting that the Small Claims Court had made a calculation error. The Small Claims Court order on TotalUp’s claim was set aside, and judgment was instead entered in favour of TotalUp. The Small Claims Court order in Mr. De Marinis’ claim was also set aside. However, TotalUp was ordered to pay Mr. De Marinis his costs of the appeal, in the amount of $1,000 (the judgment awarded to TotalUp could be set off against this costs award in favour of Mr. De Marinis). The Ontario Court of Appeal then unanimously dismissed TotalUp’s application for leave to appeal the Divisional Court costs order, with costs fixed in the amount of $1,500.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 2042, 699/19
TotalUp’s appeal allowed:
• Small Claims judgments set aside
• judgment entered in favour of TotalUp for $398.40, to be set off against costs owing to Mr. De Marinis
• costs of appeal ($1,000.00) awarded to Mr. De Marinis
Court of Appeal for Ontario
M53400
TotalUp’s application for leave to appeal — dismissed, with costs in the amount of $1,500.00
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