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.
41351
Cassandra Lorenne Ross v. Phillip Edward Glenn Surridge
(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) |
|---|---|---|
| 2025-10-21 | Close file on Leave | |
| 2025-10-20 | Correspondence (sent by the Court) to, All parties, RE: Certificate of Taxation | |
| 2025-10-20 | Certificate of taxation issued to, Aaron B. R. Drury | |
| 2025-10-20 | Decision on the bill of costs, in the amount of $998.66, in the amount of $998.66, Reg | |
| 2025-10-20 | Submission of the bill of costs, Reg | |
| 2025-06-11 | Bill of costs, (Letter Form), Including parties consent to settle, Completed on: 2025-06-12, (Printed version filed on 2025-06-16) | Phillip Edward Glenn Surridge |
| 2024-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-12 | Judgment on leave sent to the parties | |
| 2024-12-12 |
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-0037, 2024 ONCA 314, dated April 29, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-11-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-30 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-09-04) | Phillip Edward Glenn Surridge |
| 2024-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-08-30, (Printed version filed on 2024-09-04) | Phillip Edward Glenn Surridge |
| 2024-07-12 | Correspondence received from, (Letter Form), CA Order Form, (Printed version due on 2024-07-19) | Cassandra Lorenne Ross |
| 2024-07-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-06-28 | Notice of name, (Letter Form), (Included in the application for leave to appeal), (Printed version filed on 2024-07-08) | Cassandra Lorenne Ross |
| 2024-06-28 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-07-08) | Cassandra Lorenne Ross |
| 2024-06-28 |
Application for leave to appeal, (Book Form), Missing: - CA Order (Rec'd 2024-07-26) , Completed on: 2024-07-26, (Printed version filed on 2024-07-08) |
Cassandra Lorenne Ross |
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 |
|---|---|---|
| Lorenne Ross, Cassandra | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Glenn Surridge, Phillip Edward | Respondent | Active |
Counsel
Party: Lorenne Ross, Cassandra
Counsel
P.O. Box 2107
Samia, Ontario
N7T 7L1
Telephone: (519) 337-3733
FAX: (519) 332-6588
Email: info@kirbylawfirm.ca
Party: Glenn Surridge, Phillip Edward
Counsel
722 Lite Street
Poit Edward, Ontario
N7V 4K2
Telephone: (519) 542-0006
FAX: (519) 541-0008
Email: aaron@sarniafamilylaw.com
Summary
Keywords
Family law — Family assets — Unjust enrichment — Lower courts ordering unequal division of house sale proceeds — Whether lower courts erred in unjust enrichment reasoning and decisions — Whether lower courts erred in analysis of quantum of unjust enrichment claim — Whether acts of family violence bars party from equitable recovery under clean hands doctrine.
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 parties were in a romantic relationship but never married. They purchased a home to live in together and took title as joint tenants. The parties did not have any written agreement as to their respective interests in the property. The purchase price was $251,500. The $25,000 down payment was paid by Mr. Surridge, thereafter, he made all the payments related to the residence, including the utility bills and mortgage payments. The parties separated and the house was eventually sold.
Mr. Surridge brought an application seeking unequal division of the proceeds of the sale from the jointly held property based on unjust enrichment for the principal portion of the mortgage payments he made, as well as the cost of house repairs. Ms. Ross sought the equal distribution of the net proceeds without deduction for the cost of the repairs. She also sought occupation rent from February 2016 to November 2019.
The motion judge granted Mr. Surridge’s motion for unequal division but dismissed Ms. Ross’s motion for rent.
Lower court rulings
Ontario Superior Court of Justice
FS-20-8304
Mr. Surridge’s motion for summary judgment seeking unequal division of proceeds of house sale was granted; Ms. Ross’s claim for occupation rent was dismissed.
Appeal 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 613‑996‑7933 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
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