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.
40592
Brian Wayne Flight c.o.b as Heritage Painters & Services, et al. v. Julie Leblanc
(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) |
|---|---|---|
| 2024-06-20 | Close file on Leave | |
| 2024-06-20 | Correspondence (sent by the Court) to, parties, re: Certificate of taxation | |
| 2024-06-20 | Certificate of taxation issued to, Julie Leblanc | |
| 2024-06-20 | Decision on the bill of costs, in the amount of 922.26, Reg | |
| 2024-06-20 | Submission of the bill of costs, Reg | |
| 2024-01-23 |
Bill of costs, **UNDER REVIEW Missing filing fee (Rec'd 2024-05-27), Completed on: 2024-05-28 |
Julie Leblanc |
| 2023-07-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-07-27 | Judgment on leave sent to the parties | |
| 2023-07-27 |
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 C70410, 2022 ONCA 831, dated November 30, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-06-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-03-27, (Printed version due on 2023-03-27) | Brian Wayne Flight c.o.b as Heritage Painters & Services |
| 2023-03-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-03-27) | Julie Leblanc |
| 2023-03-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-10, (Printed version filed on 2023-03-27) | Julie Leblanc |
| 2023-02-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-02-28) | Brian Wayne Flight c.o.b as Heritage Painters & Services |
| 2023-02-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-02-06 | |
| 2023-01-30 |
Application for leave to appeal, (Book Form), Required: - 23A (Rec'd 2023-02-21) - CA Order (Court Order Form rec'd Estimate as to when court order will be filed on March 10, 2023 (Rec'd 2023-02-28) - Filing Fee, Completed on: 2023-06-09, (Printed version due on 2023-02-06) |
Brian Wayne Flight c.o.b as Heritage Painters & Services |
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 |
|---|---|---|
| Brian Wayne Flight c.o.b as Heritage Painters & Services | Applicant | Active |
| Amber Nicole Flight | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Leblanc, Julie | Respondent | Active |
Counsel
Party: Brian Wayne Flight c.o.b as Heritage Painters & Services
Counsel
401 Bay Street, Suite 1600
Toronto, Ontario
M5H 2Y4
Telephone: (613) 219-0940
FAX: (416) 352-1634
Email: tara@remotelawcanada.com
Party: Amber Nicole Flight
Counsel
401 Bay Street, Suite 1600
Toronto, Ontario
M5H 2Y4
Telephone: (613) 219-0940
FAX: (416) 352-1634
Email: tara@remotelawcanada.com
Party: Leblanc, Julie
Counsel
225 King Street West, Suite 1500
Toronto, Ontario
M5V 3M2
Telephone: (416) 601-2369
FAX: (416) 867-2417
Email: jsquire@lerners.ca
Summary
Keywords
Bankruptcy and insolvency — Limitation of actions — Whether respondent entered into payment plan — Whether respondent’s counsel agreed to toll limitation period — When bankrupt’s limitation period for fraud and fraudulent misrepresentation commenced — Whether bankrupt’s limitation period is tolled where respondent entered into payment plan and respondent’s counsel agreed to toll limitation period.
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.
In September 2019, while an undischarged bankrupt, Brian Flight and his spouse, Amber Flight, commenced an action against Julie Leblanc, Mr. Flight’s former spouse. The Flights sought summary judgment against Ms. Leblanc in the amount of $180,000; Ms. Leblanc opposed the motion and requested summary judgment of the claim on the basis that it was statute-barred.
In September 2020, the Flights’ trustee in bankruptcy commenced a similar action against Ms. Leblanc, although it did not include any claims for personal injuries.
The motion judge granted Ms. Leblanc’s cross-motion for summary judgment and dismissed the action. She denied the Flights’ request for summary judgment. The Court of Appeal dismissed the Flights’ appeal.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 4360, CV-19-00001888-0000
Ms. Leblanc’s cross-motion for summary judgment granted; action dismissed; the Flights’ motion for summary judgment dismissed
Court of Appeal for Ontario
2022 ONCA 831, C70410
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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