Case information
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41396
Gabriela Sefcikova v. Monkhouse Law Professional Corporation, 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) |
|---|---|---|
| 2025-01-10 | Close file on Leave | |
| 2025-01-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-09 | Judgment on leave sent to the parties | |
| 2025-01-09 |
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-24-OM-0011, dated May 22, 2024, is dismissed. Dismissed |
|
| 2024-11-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-19 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-09-26) | Gabriela Sefcikova |
| 2024-09-19 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service (Rec'd 2024-09-27), Completed on: 2024-09-27, (Printed version filed on 2024-09-20) |
Gabriela Sefcikova |
| 2024-09-11 | Notice of name, (Letter Form), (Printed version due on 2024-09-18) | Monkhouse Law Professional Corporation |
| 2024-09-11 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-09-18) | Monkhouse Law Professional Corporation |
| 2024-09-11 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-09-18) | Monkhouse Law Professional Corporation |
| 2024-09-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-12, (Printed version due on 2024-09-18) | Monkhouse Law Professional Corporation |
| 2024-08-22 | Correspondence received from, (Letter Form), Letter from the Court of Appeal confirming that no reasons for judgment will be issued. | Gabriela Sefcikova |
| 2024-08-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-08-21 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-08-28) | Gabriela Sefcikova |
| 2024-08-21 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-09-27) | Gabriela Sefcikova |
| 2024-08-21 |
Application for leave to appeal, (Book Form), 2 volumes Missing: - Proof of service (Rec'd Aug 26, 2024) , Completed on: 2024-08-26, (Printed version filed on 2024-08-21) |
Gabriela Sefcikova |
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 |
|---|---|---|
| Sefcikova, Gabriela | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Monkhouse Law Professional Corporation | Respondent | Active |
| Monkhouse, Andrew H. | Respondent | Active |
Counsel
Party: Sefcikova, Gabriela
This party is not represented by counsel.
Party: Monkhouse Law Professional Corporation
Counsel
Meggan Phyper
366 Adelaide Street West
Suite 102
Toronto, Ontario
M5V 1R9
Telephone: (416) 971-8000
FAX: (416) 971-8001
Email: tgleason@dgllp.ca
Party: Monkhouse, Andrew H.
Counsel
Meggan Phyper
366 Adelaide Street West
Suite 102
Toronto, Ontario
M5V 1R9
Telephone: (416) 971-8000
FAX: (416) 971-8001
Email: tgleason@dgllp.ca
Summary
Keywords
Arbitration — Retainer agreement between the parties provides for the arbitration of all disputes relating to the agreement — Applicant’s action stayed pursuant to the Arbitration Act — Leave to appeal dismissed — Whether the lower courts erred — Whether there was a breach of procedural fairness — ss. 7 and 17 of the Arbitration Act, 1991, S.O. 1991, c. 17.
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 retained the respondents to represent her in an application before the Human Rights Tribunal of Ontario and then terminated the retainer. The respondents claim that the applicant owes $41,306.00 to them in legal fees. The retainer agreement between the parties provides for the arbitration of all disputes relating to the agreement. The applicant commenced an action seeking a declaration that an arbitration clause in the retainer agreement is invalid, damages for malpractice, and an assessment of the respondents’ legal fees. The applicant has refused to participate in the arbitration, and as a result, the arbitrator has declined to continue until the court disposes of the respondents’ motion. The respondents moved for an order staying the applicant’s action pursuant to ss. 7 and 17 of the Arbitration Act, 1991, S.O. 1991, c. 17. The motions judge held that the applicant’s action was stayed, and the matter is to proceed to arbitration. The Court of Appeal dismissed the applicant’s application for leave to appeal.
Lower court rulings
Applicant’s action stayed pursuant to the Arbitration Act
Court of Appeal for Ontario
COA-24-OM-0011
Leave to 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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