Case information
Consult our database for details on a Supreme Court of Canada case.
41300
Darryl Byrd v. Douglas K. Murdoch, as Trustee of The Douglas K. Murdoch Revocable Trust, 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) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-26 | Judgment on leave sent to the parties | |
| 2024-09-26 |
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-23-CV-0567, dated March 27, 2024, is dismissed with costs to the respondent Douglas K. Murdoch, as Trustee of The Douglas K. Murdoch Revocable Trust. Dismissed, with costs |
|
| 2024-07-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-06-12) | Douglas K. Murdoch, as Trustee of The Douglas K. Murdoch Revocable Trust |
| 2024-06-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-12, (Printed version filed on 2024-06-12) | Douglas K. Murdoch, as Trustee of The Douglas K. Murdoch Revocable Trust |
| 2024-06-03 | Certificate (on limitations to public access), 23A | Darryl Byrd |
| 2024-05-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-05-27 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Rec'd 06-03-2024) - CA Judgement (Rec'd 06-03-2024) - TC Judgement (Rec'd 06-03-2024) - Proof of service (Rec'd 06-03-2024), Completed on: 2024-06-03 |
Darryl Byrd |
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 |
|---|---|---|
| Byrd, Darryl | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Douglas K. Murdoch, as Trustee of The Douglas K. Murdoch Revocable Trust | Respondent | Active |
| Pleasure Beach Co-Operative Inc. | Respondent | Active |
Counsel
Party: Byrd, Darryl
This party is not represented by counsel.
Party: Douglas K. Murdoch, as Trustee of The Douglas K. Murdoch Revocable Trust
Counsel
455 Pelissier St
Windsor, Ontario
N9A 6Z9
Telephone: (519) 255-4364
FAX: (519) 255-4384
Email: dharasym@mctague.law
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Pleasure Beach Co-Operative Inc.
Counsel
85 Dufferin Ave.
London, Ontario
N6A 1K4
Telephone: (519) 640-6347
FAX: (519) 932-3347
Email: jscholes@lerners.ca
Summary
Keywords
Civil procedure – Motion for extension of time to perfect appeal – Whether Court of Appeal erred in dismissing motion for extension of time
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 entered into an agreement to sell a seasonal cottage property to the individual respondent, Mr. Murdoch. A question of law involving the corporate respondent delayed the completion of the transaction beyond the closing date. When the legal issue was resolved, the applicant took the position that the agreement was voided by the delay, but did not return the purchase monies.
The respondent applied to the Superior Court of Justice for, among other things, a declaration that he was the owner of the property. The application judge granted the declaration, holding that the applicant’s failure to return the purchase monies disentitled him from relying on the delay to cancel the transaction.
The applicant appealed, but did not perfect his appeal within the prescribed timeframe. He moved for an extension of time. A single judge of the Court of Appeal denied the motion, holding that even a short extension was not appropriate because the proposed appeal was completely without merit, and allowing it to proceed would prejudice the respondents. A full panel of the Court of Appeal found no reason to interfere with this decision.
Lower court rulings
Ontario Superior Court of Justice
CV-23-00031918-0000
Application allowed.
Court of Appeal for Ontario
COA-23-CV-0567
Motion to review order of Miller J.A. dismissed.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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