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.
40660
Leslie Arthur Swan v. Durham Condominium Corporation No. 45
(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) |
|---|---|---|
| 2023-11-17 | Close file on Leave | |
| 2023-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-16 | Judgment on leave sent to the parties | |
| 2023-11-16 |
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 COA-22-CV-0256, dated January 23, 2023, is dismissed. Dismissed |
|
| 2023-10-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-03 | Certificate (on limitations to public access), 23A | Leslie Arthur Swan |
| 2023-03-29 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-03-29 | |
| 2023-03-21 |
Application for leave to appeal, (Book Form), Required: - Amended 23A (question 1-5) (Rec'd 2023-04-03) - Reason for judgment - CA Formal Order (Rec'd 2023-04-03) -TC reason and Order, Completed on: 2023-10-16, (Printed version filed on 2023-06-26) |
Leslie Arthur Swan |
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 |
|---|---|---|
| Swan, Leslie Arthur | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Durham Condominium Corporation No. 45 | Respondent | Active |
Counsel
Party: Swan, Leslie Arthur
Counsel
1-300 Supertest Rd.
Toronto, Ontario
M3J 2M2
Telephone: (416) 700-0954
Email: franmarinicjaffer@gmail.com
Party: Durham Condominium Corporation No. 45
Counsel
100 Sheppard Avenue East, Suite 870
Toronto, Ontario
M2N 6N5
Telephone: (416) 512-2557 Ext: 229
FAX: (416) 512-8710
Email: tduggan@hldlawyers.com
Summary
Keywords
Real property — Condominiums — Motions judge calculating revised amount of lien — Appeal dismissed — What is the proper interpretation of a compliance order pursuant to the Condominium Act, 1998, S.O. 1998, c. 19? — Whether the lower courts erred in their interpretation of a compliance order?
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 is the owner of a unit in a condominium building. The respondent, Durham Condominium Corporation No. 45, is a condominium corporation. The motions judge revised the amount of the lien that the respondent had registered against the applicant’s unit to $204,791.56. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-14-503414
Ruling: calculation of revised amount of lien
Court of Appeal for Ontario
COA-22-CV-0256
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
Not available
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
Not available